HomeMy WebLinkAbout2007-01-16 - Agendas - Final Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Taye evi e Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
January 16, 2007
A meeting of the Fayetteville City Council will be held on January 16, 2007 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's State of the City Address
City Council Committees Council Approval: Nominating, Ordinance Review, Sewer, Street
and Equipment. These committees are appointed by the Mayor and approved by the City
Council.
A. CONSENT:
1. Approval of the December 19, 2006 and January 2, 2007 City Council meeting
minutes.
2. Performance Bond to Dead Horse Mountain Road Bridge: A resolution to approve
the Performance Bond of Meadows Enterprises, Inc. to guarantee payment of$36,668.92
for Dead Horse Mountain Road Bridge upon request by the city.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 05-07.
B. UNFINISHED BUSINESS:
1. Amend Chapter 174 & Chapter 153; Signs: An ordinance to enact a replacement
Chapter 174 Signs and § 153.08 (G) Signs to clarify sign regulations in Fayetteville. This
ordinance was left on the First Reading at the January 2, 2007 City Council meeting.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4972.
2. Amend Chapter 159; Road Impact Fees: An ordinance to amend Title XV Unified
Development Code of Fayetteville, Chapter 159: Fees by enacting § 159.05 Road Impact
Fees of the Unified Development Code and to refer this ordinance to the voters for their
adoption or rejection. This ordinance was left on the First Reading at the January 2,
2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4973.
3. RZN 06-2344 (Dunnerstock and Windsor SD): An ordinance rezoning that property
described in Rezoning Petition RZN 06-2344, for approximately 34.44 acres located at
the northeast corner of Double Springs Road and Sellers Road, from R-A, Residential
Agricultural, to RSF-2, Residential Single Family, 2 units per acre. This ordinance was
left on the Second Reading at the January 2, 2007 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4974.
C. NEW BUSINESS:
1. Amend Chapter 159, Fees Sections 159.02, 159.03, and 159.04: An ordinance to
amend sections 159.02 (D)(6)(a), 159.03 (D)(4)(a) to include an exemption from the
payment of impact fees for non-profit, multi-family supportive housing.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4975.
2. Farmington Annexation Public Hearing Date: A resolution setting a public hearing
date regarding the City of Farmington's desire to annex certain territory currently in the
city limits of Fayetteville.
THIS ITEM WAS TABLED INDEFINITELY.
3. GIS Data: A resolution to approve a contract with the Northwest Arkansas Regional
Planning Commission to purchase GIS data for 126 square miles within and around the
City of Fayetteville for $17,892.00.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 06-07.
4. Amend Ord. 4766-Zion Gardens: An ordinance amending Ordinance No. 4766, R-
PZD 06-1599 for Zion Gardens, to allow a guarantee to be posted by the developer in lieu
of constructing a sidewalk on Lot 97.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4976.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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D. INFORMATIONAL:
2007 Community Development Block Grant Action Plan Report
City Council Tour: None
Martin Luther King, Jr. Holiday—January 15, 2007—City offices will be closed.
Meeting adjourned at 8:30 p.m.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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City Council Meeting January 16, 2007
Subject:
Motion To:
Motion By:
Seconded:
Jordan
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Thiel
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Allen
Rhoads
Ferrell
Lucas
Mayor Coody
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Mayor Coody
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City Council Meeting January 16, 2007
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Aldermen
Ward 1 Position 1—Adella Gray
Mayor Dan Coody Ward 1 Position 2—Brenda Thiel
Ward 2 Position 1 —Kyle B.Cook
City Attorney Kit Williams Ward 2 Position 2—Nancy Allen
Ward 3 Position l—Robert K.Rhoads
City Clerk Sondra Smith Taye evi e Ward 3 Position 2—Robert Ferrell
ARKANSAS Ward 4 Position 1 —Shirley Lucas
Ward 4 Position 2—Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
January 16, 2007
A meeting of the Fayetteville City Council will be held on January 16, 2007 at 6:00 PM in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's State of the City Address
City Council Committees Council Approval: Nominating, Ordinance Review, Sewer, Street
and Equipment. These committees are appointed by the Mayor and approved by the City
Council.
A. CONSENT:
1. Approval of the December 19, 2006 and January 2, 2007 City Council meeting
minutes.
2. Performance Bond to Dead Horse Mountain Road Bridge: A resolution to approve
the Performance Bond of Meadows Enterprises, Inc. to guarantee payment of$36,668.92
for Dead Horse Mountain Road Bridge upon request by the city.
B. UNFINISHED BUSINESS:
1. Amend Chapter 174 & Chapter 153; Signs: An ordinance to enact a replacement
Chapter 174 Signs and § 153.08 (G) Signs to clarify sign regulations in Fayetteville. This
ordinance was left on the First Reading at the January 2, 2007 City Council meeting.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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2. Amend Chapter 159; Road Impact Fees: An ordinance to amend Title XV Unified
Development Code of Fayetteville, Chapter 159: Fees by enacting § 159.05 Road Impact
Fees of the Unified Development Code and to refer this ordinance to the voters for their
adoption or rejection. This ordinance was left on the First Reading at the January 2,
2007 City Council meeting.
3. RZN 06-2344 (Dunnerstock and Windsor SD): An ordinance rezoning that property
described in Rezoning Petition RZN 06-2344, for approximately 34.44 acres located at
the northeast corner of Double Springs Road and Sellers Road, from R-A, Residential
Agricultural, to RSF-2, Residential Single Family, 2 units per acre. This ordinance was
left on the Second Reading at the January 2, 2007 City Council meeting
C. NEW BUSINESS:
1. Amend Chapter 159, Fees Sections 159.02, 159.03, and 159.04: An ordinance to
amend sections 159.02 (D)(6)(a), 159.03 (D)(4)(a) to include an exemption from the
payment of impact fees for non-profit, multi-family supportive housing.
2. Farmington Annexation Public Hearing Date: A resolution setting a public hearing
date regarding the City of Farmington's desire to annex certain territory currently in the
city limits of Fayetteville.
D. INFORMATIONAL:
2007 Community Development Block Grant Action Plan Report
City Council Tour: None
Martin Luther King, Jr. Holiday—January 15, 2007—City offices will be closed.
113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax)
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A.2
Performance Bond to Dead Horse Mountain Road Bridge
Page 1 of 2
PERFORMANCE BOND
This Performance Bond executed on the 29th day of December, 2006, by
Meadows Enterprises, Inc. ("Meadows")to the City of Fayetteville, Arkansas(the
"City").
WHEREAS, Meadows is the owner and developer of Stonebridge Meadows,
Phase 5, a subdivision located in the City of Fayetteville, Arkansas; and,
WHEREAS, as a condition for approval of the final plat for Stonebridge
Meadows, Phase 5,the Fayetteville Planning Commission has required that Meadows
pay to the City the sum of $36,668.92 as the developer's proportionate share of the cost
of constructing improvements to Dead Horse Mountain Road bridge(the"off-site
improvements"); and,
WHEREAS, construction of the off-site improvements is to begin at a future date
not yet determined; and,
WHEREAS, Section 158.05(B)of the Fayetteville Code of Ordinances provides
that (a)the developer may, with the approval of the City Council, guarantee payment of
the developer's proportionate share of the cost of off-site improvements as determined by
the Planning Commission by executing a performance bond in a form approved by the
City Attorney, and(b) performance bonds shall obligate the landowner to pay to the City
the amount determined by the Planning Commission within 10 days from receipt of
written notice from the City.
NOW, THEREFORE, Meadows Enterprises, Inc. hereby covenants to pay
$36,666.92 to the City of Fayetteville within 10 days from receipt of written notice from
the City. This Performance Bond shall be secured by a $36,666.92 irrevocable bank letter
of credit, in form and substance approved by the City Attorney, to be drawn upon by the
City of Fayetteville if Meadows does not pay$36,666.92 in full to the City within 10
days from receipt of written notice form the City. Said notice shall be sent to Meadows
Enterprises, Inc., c/o William N. Meadows,President, 3495 E. Goff Farm Road,
Fayetteville, AR 72701.
This Performance Bond executed on the date first above written.
MEADOWS ENTERPRISES, INC.
William N.Meadows, President
Witness. Z-1
A.2
Performance Bond to Dead Horse Mountain Road Bridge
Page 2 of 2
B. 1
aptaF 47Chapter 153;Signs
FAYETTEVILLE
Page 1 of 12
THE CITY OF FAYETTEVILLE,ARKANSAS
KIT WILLIAMS,CITY ATTORNEY
DAVID WHITAKER,ASST.CITY ATTORNEY -.—..—_.--
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: City Council
FROM: Kit Williams, City Attorney
DATE: January 10, 2007
RE: Sign Ordinance Revisions by Ordinance Review Committee
Attached is the Sign Ordinance incorporating the changes
recommended by the Ordinance Review Committee. All changes are in
bold. The changes are as follows:
(1) §174.03(J)(1)(b): Nonresidential zones may have one large
campaign sign per 100 feet of street frontage instead of only one per parcel.
(2) §174.03(J)(3)(a): Only 20' rather than 40' is required from the
street right of way or the banner may be placed on the building's fagade.
The nonprofit or government entity may display the banners for 6 two week
periods (almost a quarter of the year), rather than only twice.
(3) §174.03 (J)(3)(b): U of A campus added to Downtown Master
Plan area for event locations. "Timely requests" added to qualified requests
for use of the cross street banners to give administrators authority to reserve
time periods for banner display for a reasonable period of time before the
installation of the cross street banners.
If these changes are satisfactory, please move to amend Exhibit A to
the enacting Ordinance to conform with the attached document.
k"R'mendChapter 174& hapten 153;Signs
Page 2 of 12
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
174.01 GENERAL REGULATIONS ............................................................................................................3
174.02 PERMIT APPLICATION/ISSUANCE...............................................................................................3
174.03 EXEMPTIONS..................................................................................................................................4
174.04 SIGN IDENTIFICATION...................................................................................................................6
174.05 SIGN REMOVAL..............................................................................................................................6
174.06 NONCOMMERCIAL SIGNS............................................................................................................6
174.07 PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY..........................................................6
174.08 PROHIBITED SIGNS.......................................................................................................................7
174.09 SIGN ILLUMINATION......................................................................................................................8
174.10 ON-SITE FREESTANDING SIGNS.................................................................................................8
174.11 PROJECTING SIGNS....................................................................................................................10
174.12 WALL SIGNS.................................................................................................................................10
174.13-174.99 RESERVED ........................................................................................................................11
kA,%
CD174:1
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 3 of 12
EXHIBIT"A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
174.01 General Regulations (6) Consent of owner. Written consent of the
owner of the building, structure, or land to
(A) Permit required. It shall be unlawful for any which or on which the structure is to be
person to erect, repair, alter, relocate or keep erected,
within the city any sign or other advertising
structure except as exempted herein without first (7) Electrical permit. Any electrical permit
obtaining a sign permit from the Zoning and required and issued for said sign.
Development Administrator or designee. Application requesting electrical permit for
proposed sign must accompany sign
(B) Illuminated signs. All illuminated signs shall, in application.
addition, be subject to the provisions of the
electrical code, and the permit fees required (8) Full Compliance With Applicable Code
thereunder. Provisions. If the proposed sign is subject to
the provisions of the Commercial Design
(C) Fees. Every applicant, before being granted a Standards (166.14), Design Overlay District
permit hereunder, shall pay to the Zoning and (161.21), Certificate of Zoning Compliance
Development Administrators Office the permit or other code provisions, the applicant must
fee set forth in Chapter 159. show full compliance with all applicable code
provisions, including necessary approvals by
(D) Maintenance of premises. All freestanding signs responsible bodies such as the Planning
and the premises surrounding the same shall be Commission.
maintained by the owner thereof in a clean,
sanitary, and inoffensive condition, and free and (B) Issuance of sign permit. It shall be the duty
clear of all obnoxious substances, rubbish and of the Zoning and Development
weeds. Administrator or designee, upon the filing of
an application for an erection permit, to
(Code 1965, 178-3(a), (c), (e), 4(b); Ord. No. 1893, 12-19- examine such plans and specifications and
72; Ord. No. 2198, 2-17-76; Ord. No, 2790, 1-18-82; Code other data and the premises upon which it is
1991, 158.05, 158.20, 158.22, 158.24, 158.38; Ord, proposed to erect the sign or other
No.3925, 4,10-3-95;Ord. No.4100, 2(Ex.A),6-16-98) advertising structure, and if it shall appear
that the proposed structure and sign are in
174.02 Permit Application/Issuance full compliance with all the requirements of
this chapter and all other laws and
(A) Application. Applications for initial sign permits ordinances of the city, he shall within five
shall be made upon forms provided by the Zoning business days issue the sign permit. If the
and Development Administrator and shall contain Zoning and Development Administrator or
or have attached thereto the following designee fails to reject a completed sign
information: application (that purports to show full
compliance with all code requirements)
(1) Applicant identification. Name, address and within ten business days of its submission by
telephone number of the applicant. written explanation of why such application
fails to meet all code requirements, the sign
(2) Location. Location of building, structure, or application shall be deemed approved and a
lot to which or upon which the sign or other sign permit shall be immediately issued to
advertising structure is to be attached or the applicant. If the work authorized under a
erected. sign permit has not been completed within
six (6) months after date of issuance, the
(3) Position. Position of the sign or other said permit shall become null and void.
advertising structure in relation to nearby
buildings or structures. (C) Appeals of Sign Permit Denials. All decisions
and interpretations of the Zoning and
(4) Blueprints/drawings. Two blueprints or ink Development Administrator under this
drawings of the plans and specifications and Chapter shall be considered final
method of construction and attachment to administrative actions for the purpose of the
the building or in the ground. appeals set forth at 155.01.
(5) Person erecting structure. Name of person, (Ord.No. 1965, 17B 3(b), (d);Ord. No. 1893, 12-19-72;Ord.
firm, corporation, or association erecting No. 2198, 2-17-76; Code 1991, 158.21; 158.23; Ord. No.
structure. 4100, 2(Ex.A),6-16-98;Ord.4652, 12-07-04)
CD174:3
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 4 of 12
Fayetteville Code of Ordinances
174.03 Exemptions legally erected and maintained for such
Exemptions shall not be construed as relieving the purposes.
owner of such signs from the responsibility of
complying with certain applicable provisions of this (H) Non-Commercial Signs. Non-Commercial signs
chapter. The exemptions shall apply to the that do not advertise a product or service for
requirement for a sign permit. No sign permit shall be profit or for a business purpose, do not propose a
required for the erection of the following signs which commercial transaction nor relate primarily to
are hereby authorized to be erected in compliance economic interests are permitted to be placed on
with the listed conditions: private property in any zoned district subject to
the following conditions:
(A) Professional name plates. Professional name
plates erected flat on walls of building and not (1) Districts where signs not otherwise
exceeding four (4) square feet of display surface permitted. In districts where signs are not
area. otherwise permitted, one political or religious
non-commercial sign may be erected subject
(B) Building construction signs. One on-site building to the same limitations of real estate signs.
construction sign on each construction site in any
zoning district, provided that maximum display (2) Districts where signs are permitted. In
surface area shall be eight(8)square feet or less districts where signs are otherwise
in R zoning districts: 32 square feet or less in permitted, non-commercial signs may be
other zoning districts. placed over or substituted for the permitted
commercial sign.
(C) Real estate signs. On a lot in any district, there
may be erected one on-site unanimated real (1) Time and temperature displays. Time and
estate sign while the lot is for sale. Provided temperature displays without advertising matter,
further, such signs shall be limited to wall signs, may change their illuminated time and
freestanding signs or platform signs; and temperature displays as often as reasonably
freestanding signs or platform signs shall be set necessary to provide accurate and convenient
back a minimum of 10 feet from the street. Real information to observers without being
Estate signs shall be removed within 72 hours considered to be in violation of 174.08 B.
following the closing (sale) of the property on Fluctuating Illumination.
which it is located. The permitted illumination
and maximum display surface area for a real (J) Banners. Public event, special sales event, and
estate sign shall be as follows: election campaign banners (not to exceed 3'x
30)and large election campaign signs (not to
District Permitted Area (Sq. Ft.) exceed 32 square feet)may be installed under
Illumination the following terms and conditions:
RA Nonilluminated 32
R, R-0 Nonilluminated 8 (1) Election campaign banners and large
P-1, C and I Illuminated 32 signs.
(D) Home occupation signs. Home occupation signs Residential zones including
Neighhbb orhood Conservation, R-O, R-A
erected flat against the wall and not exceeding and R-PZD. In addition to the non-
three(3)square feet. commercial sign allowed in subsection
(H), the owner of a residentially zoned
(E) Memorial signs, name signs. Memorial signs or parcel may install one large election
tables, names of buildings and date of erection campaign sign of up to 32 square feet
when cut into any masonry surface or when no more than three weeks prior to (and
constructed of bronze or other incombustible to be removed within three days
materials. following) the election to which the sign
(F) Traffic signs, etc. Traffic or other municipal applies.
signs, legal notices, railroad crossing signs, (b) All other zones. The owner of a
danger, and such temporary, emergency or parcel may install one election
nonadvertising signs as may be approved by the campaign sign of up to 32 square feet
City Council. no more than three weeks prior to (and
to be removed within three days
(G) Posting bills, repainting signs. Posting of bills on following) the election to which the sign
signs, repainting of signs, or the changing of applies. If the parcel has more than
letters or numbers on signs designed for 100 feet of frontage on a street, the
changeable lettering or numbering which were owner may install one large
CD174:4
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 5 of 12
EXHIBIT"A"
TITLE XV UNIFIED DEVELOPMENT CODE
campaign sign per hundred feet of (K) Signs located in buildings. Any sign located
frontage and may substitute and install within a building that is not visible to the public
an election campaign banner for an outside said building is exempt from all
allowed special sales event banner no regulations in this chapter.
more than two weeks prior to (and to be
removed within three days following)the (L) Signs on windows. Signs painted on or affixed to
election to which the banner applies. glass surfaces of windows ordoors and
pertaining to the lawful business conducted
(2) Special sales event banner. In therein are exempt from the permit requirement,
Commercial, Downtown Core, but are considered a wall sign to determine
Downtown General, Main Street Central, allowable square footage. No signs affixed to a
and C-PZD zones, a commercial retail window and visible outside shall flash or fluctuate
business may advertise a special sales illumination.
event by installing a special sales event
banner on its property at least 40'from (M) Directional identification and informational signs.
the street right of way and no higher Directional, identification,and informational signs;
than 30' above street level for a total provided such signs shall be limited to wall and
display time of no more than ten days, freestanding signs with a maximum of four (4)
no more than one time a year. square feet of display surface area.
Notwithstanding the restrictions on the location
(3) Public event banners. Nonprofit and number of freestanding signs prescribed by
organizations and government entities §174.10, one freestanding sign not exceeding
may install public event banners under four (4) square feet in display surface area shall
the following conditions: be permitted at each entrance or exit on a lot or
parcel to identify such entrance or exit and to
(a) In order to notify or invite the encourage the use of motor vehicle seatbelts,
public to attend a public festival or event subject to the following restrictions.
sponsored by the nonprofit organization
or government entity, this organization (1) Traffic hazard. No such sign shall be
may install a public event banner (that erected which would create a traffic hazard.
may not contain advertising or
commercial logos) on its property at (2) Seat belt sign. Any words or symbols
least 20'from the street right of way or encouraging the use of seatbelts shall face
on the building's facade and no more the interior of the lot or parcel on which the
than 30' above the street for a total sign is located and shall not face the street.
display time of no more than fourteen
days six times a year. (3) Advertising. No advertising or commercial
logos may be incorporated into the sign.
(b) In order to notify or invite the
public to attend a public festival or event (N) Collection boxes. Collection boxes for charitable
within the Downtown Master Plan area or nonprofit organizations containing no
or the University of Arkansas campus commercial advertising and located on private
sponsored by the nonprofit organization property in any Commercial or Industrial zoning
or government entity, that organization districts.
may pay the costs of the City to install
one or two cross street public event (0) Subdivision signs. In any district, one temporary
banners (with no advertising or subdivision identification sign indirectly
commercial logos) at Dickson and Block illuminated, not to exceed 50 square feet in area
and/or Dickson and Arkansas for no per surface may be erected at any principal
more than fourteen days once a year. entrance to a subdivision, provided that in no
When more than one nonprofit event shall such sign remain for more than six(6)
organization or government entity would months within 50 feet of a dwelling in a R district
qualify and timely requests to pay for occupied as a dwelling.
the installation of cross street banners
during the same period, the number of (P) Freestanding bulletin boards. A freestanding
cross street banners for each bulletin board shall be set back a minimum of 15
organization may be reduced to one feet from street right-of-way; and any bulletin
and/or the length of display may be board having a display surface area in excess of
shortened to one week so that each 10 square feet shall be set back from street right-
qualified applicant is treated equally. of-way an additional one (1) foot for each two (2)
square feet of display surface area in excess of
CD174:5
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 6 of 12
EXH I BIT"A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
174.01 General Regulations (6) Consent of owner Written consent of the
owner of the building, structure, or land to
(A) Permit required. It shall be unlawful for any which or on which the structure is to be
person to erect, repair, alter, relocate or keep erected.
within the city any sign or other advertising
structure except as exempted herein without first (7) Electrical permit. Any electrical permit
obtaining a sign permit from the Zoning and required and issued for said sign.
Development Administrator or designee. Application requesting electrical permit for
proposed sign must accompany sign
(B) Illuminated signs. All illuminated signs shall, in application.
addition, be subject to the provisions of the
electrical code, and the permit fees required (S) Full Compliance With Applicable Code
thereunder. Provisions. If the proposed sign is subject to
the provisions of the Commercial Design
(C) Fees. Every applicant, before being granted a Standards (166.14), Design Overlay District
permit hereunder, shall pay to the Zoning and ( 161.21), Certificate of Zoning Compliance
Development Administrators Office the permit or other code provisions, the applicant must
fee set forth in Chapter 159. show full compliance with all applicable code
provisions, including necessary approvals by
(D) Maintenance of premises. All freestanding signs responsible bodies such as the Planning
and the premises surrounding the same shall be Commission.
maintained by the owner thereof in a clean,
sanitary, and inoffensive condition, and free and (B) Issuance of sign permit. It shall be the duty
clear of all obnoxious substances, rubbish and of the Zoning and Development
weeds. Administrator or designee, upon the filing of
an application for an erection permit, to
(Code 1965, 176-3(a), (c), (e),4(b); Ord. No. 1893, 12-19- examine such plans and specifications and
72; Ord. No. 2198, 2-17-76; Ord. No. 2790, 1-18-82; Code other data and the premises upon which it is
1991, 158.05, 158.20, 158.22, 158.24, 158.38; Ord. proposed to erect the sign or other
No.3925, 4, 10-3-95;Ord. No.4100, 2(Ex.A),6-16-98) advertising structure, and if it shall appear
that the proposed structure and sign are in
174.02 Permit ApplicationlIssuance full compliance with all the requirements of
this chapter and all other laws and
(A) Application. Applications for initial sign permits ordinances of the city, he shall within five
shall be made upon forms provided by the Zoning business days issue the sign permit. If the
and Development Administrator and shall contain Zoning and Development Administrator or
or have attached thereto the following designee fails to reject a completed sign
information: application (that purports to show full
compliance with all code requirements)
(1) Applicant identification. Name, address and within ten business days of its submission by
telephone number of the applicant. written explanation of why such application
fails to meet all code requirements, the sign
(2) Location. Location of building, structure, or application shall be deemed approved and a
lot to which or upon which the sign or other sign permit shall be immediately issued to
advertising structure is to be attached or the applicant. If the work authorized under a
erected. sign permit has not been completed within
six (6) months after date of issuance, the
(3) Position. Position of the sign or other said permit shall become null and void.
advertising structure in relation to nearby
buildings or structures. (C) Appeals of Sign Permit Denials. All decisions
and interpretations of the Zoning and
(4) Blueprints/drawings. Two blueprints or ink Development Administrator under this
drawings of the plans and specifications and Chapter shall be considered final
method of construction and attachment to administrative actions for the purpose of the
the building or in the ground. appeals set forth at 155.01_
(5) Person erecting structure. Name of person, (Ord. No. 1965, 17B 3(b), (d);Ord. No. 1893, 12-19-72;Ord.
firm, corporation, or association erecting No. 2198, 2-17-76; Code 1991, 158.21; 158.23; Ord. No.
structure. 4100, 2(Ex.A),6-16-98;Ord.4652, 12-07-04)
CD174:3
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 7 of 12
Fayetteville Code of Ordinances
10 square feet. Bulletin boards may not be substantial detriment to nearby businesses or
electronic message boards. residents such that the structure's removal is
necessary to end a public nuisance.
(Q) Fuel price informational signs. In any district,
signs advertising the price of motor vehicle fuel (Code 1965, 17B-4A; Ord. No. 1893, 12-19-72; Ord. No.
sold from a fuel pump located on the premises 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298; 10-6-
shall be permitted, subject to the following 87;Code 1991, 158.35;Ord.No.4100, 2(Ex.A),6-16-98)
conditions: Cross reference(s)--Enforcement,Ch. 153.
(1) Price. Only one fuel price informational sign 174.06 Noncommercial Signs
shall be permitted per fuel pump. Anywhere a commercial sign is permitted by this
code, a noncommercial sign may be placed on or
(2) Size. Fuel price informational signs shall be substituted for such sign.
limited in size to an area of 216 square
inches. (Code 1965, 1713-5; Ord. No. 1893, 12-19-72; Ord. No.
2109, 6-3-75; Ord. No. 2255, 7-20-76; Code 1991, 158.07;
(3) Stationary. Each fuel price informational
Ord.No.4100, 2(Ex.A),6-16-98)
sign shall be affixed directly and firmly to a 174.07 Placing Signs On Public And
fuel pump and shall be stationary. g g
Private Property
(4) Other locations. Nothing herein shall be
construed as to prohibit the advertisement of (A) Placing signs on public property.
fuel prices on any other sign meeting the
requirements of this chapter. (1) Agencies of government. No signs other
than signs placed by agencies of
(5) Sign faces. Only one two-faced, or two one- government shall be erected on any public
faced, self serviceffull service signs not property; provided, directional signs may be
exceeding four (4) square feet in display erected upon the city's street name
surface area shall be permitted at each signposts, or upon traffic signposts under the
pump island. following conditions:
(R) Fences and scoreboards in city parks. Signs (a) Public facility/out-of-town patrons. The
may be permitted on baseballlsoftball fences and signs direct the reader to the location of
scoreboards in city parks as provided for in a public facility attended principally by
97.088(8). out-of-town patrons, to a facility
operated by a nonprofit entity and
(Code 1965, 1713-6; Ord. No. 1893, 12-19-72; Ord. No. attended principally by out-of-town
3294, 9-15-87; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11- patrons,to a facility relating to the public
17-87; Code 1991, 158.08; Ord. No. 4100, 2 (Ex. A), 6-16- health, safety, or welfare, or to scenic or
98) historic trails;
174.04 Sign Identification (b) Traffic Division. The signs are
Every sign or other advertising structure hereafter fabricated, erected and maintained by
registered shall show the sign permit number in a the city Transportation Division;
conspicuous place thereon which is visible to the
inspector and is readable by the inspector from the (c) Cost. The entire cost of the signs is
ground. borne by the entity requesting the signs;
(Code 1965, 1713-6; Ord. No. 1893, 12-19-72; Ord. No. (d) Installation. The signs are installed at
3294, 9-15-97; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11- locations where they would not
17-87; Code 1991, 158.08; Ord. No. 4100, 2 (Ex.A), 6-16- constitute a traffic hazard.
98)
174.05 Sign Removal (e) Traffic control devices. The signs
conform t
In the event a business ceases operation for a period
of time in excess of 60 days, the sign permit holder or traffic-control devices; and
the manual on uniform
the property owner shall immediately remove any sign
identifying or advertising said business or any product (fl Directional signals. The maximum
sold thereby and any non-conforming sign supporting number of directional signs permitted
for
structure. A conforming sign supporting structure under this section shall be seven
need not be removed unless a determination is made each entity; provided, the limitation
by the Zoning and Development Administrator that the provided hereby shall not apply to signs
unoccupied sign structure is a traffic hazard or a
CD174:6
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 8 of 12
EXHIBIT"A"
TITLE XV UNIFIED DEVELOPMENT CODE
directing the reader to scenic or historic (4) Informational kiosks. Informational kiosks
trails. with a map of the Downtown Master Plan
Area may be placed within city right-of-way
(2) Nonprofit organizations. Nonprofit by the City. The kiosks shall contain only a
organizations shall be allowed to place map and/or description of the Downtown
temporary signs of a noncommercial nature Entertainment Zone, public buildings and
on public property for the purpose of facilities, parking areas, and entertainment
directing the general public to the location of facilities within or near this zone.
an event or activity which promotes the (5) Cross Street Banners. Cross Street Banners
general public welfare. The placement of may be installed pursuant to §174.03
such temporary signs shall be subject to the (J)(3)(b).
following conditions:
(Code 1965, 17B-7(c); Ord. No. 1893, 12-19-72; Ord. No.
(a) Display surface area. The maximum 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No, 3298, 10-6-
display surface area of each sign shall 87; Code 1991, 159.37; Ord, No. 3677, 1, 3-2-93; Ord. No.
not exceed fifteen (15)square feet; 4100, 2(Ex.A),6-16-98;Ord.No.4622,9-21-04)
(b) Number of signs. No more than three 174.08 Prohibited Signs
(3) signs directing the general public to
such an event or activity shall be placed (A) Spot lights and beacons. It shall be unlawful for
on public property at the same time by any person to continue in operation or erect any
one such organization; attraction device or sign which contains a beacon
of any type and/or contains a spot light providing
(c) Organization name. Each such sign direct illumination to the public.
shall identify the nonprofit organization
by name; (B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
(d) Temporary sign. No such temporary or signs or to continue in operation an attraction
sign shall be placed on public property device or sign which flashes, blinks, or is
for more than five(5)successive days; animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
(e) Location/approval. The location of each intensity shall be prohibited. Electronic message
such sign shall be approved by the boards using flashing, intermittent or moving light
Planning and Zoning Administration or or lights are prohibited, provided, however, that
designee to ensure that the signs will electronic message boards displaying only time
not constitute a traffic hazard; and/or temperature for periods of not less than 30
seconds are permitted. Electronic message
(f) Permit/number of signs. The boards may change their message every three
organization applies for, and is issued, a hours without violating the prohibition of flashing
sign permit; one permit may authorize or blinking.
installation of up to three (3) signs
pursuant to the provisions of this (C) Portable swinger or temporary attraction sign
division; and boards. It shall be unlawful for any person to
continue to display or erect any portable swinger,
(g) Temporary signs. No such organization "A"frame, sandwich, or temporary attraction sign
shall install, or be issued a permit to board in the city.
install a temporary sign on public
property pursuant to the provisions of (D) Revolving, rotating, or moving signs. It shall be
this division more often than six (6) unlawful for any person to erect or to continue
times within a 12-month period. using any sign on the exterior of which revolves,
rotates or otherwise moves, in whole or part.
(3) Small banners on certain city light poles.The
City may prepare and install banners not (E) Windblown signs. It shall be unlawful for any
exceeding seven square feet on city light person to display any windblown sign; provided,
poles specially designed and constructed for windblown signs may be displayed on a lot, at a
such banners within the boundaries of the shopping center, or at a mall one time per year
Downtown Master Plan Area. These small for a period not to exceed 72 hours if a temporary
banners may include the name of the sign permit is first obtained from the Planning
commercial or noncommercial enterprise Division upon payment of the appropriate fee;
sponsoring the banner, but shall contain no provided further, one company flag shall be
advertising or slogans of the sponsor. permitted to be flown in conjunction with the
CD174:7
B. 1
Amend Chapter 174&Chapter 153;Signs
Fayetteville Code of Ordinances Page 9 of 12
United States Flag or Arkansas Flag or both on a or at a business operating on two or more
lot, at a shopping center, or mall. adjoining lots.
(2) Display surface area. Display surface area
(F) Signs that constitute a traffic hazard. No sign or shall not exceed 16 square feet.
other advertising structure as regulated by this
chapter shall be erected at the intersection of any (3) Illumination. Sign may be illuminated by
street in such a manner as to obstruct free and indirect illumination only.
clear vision; or at any location where, by reason
of the wording, position, shape, or color, it may (4) Setback from right-of-way. Sign shall be
interfere with, obstruct the view of or be confused setback 35 feet from existing street right-of-
with any authorized traffic sign, signal or device. way and 25 feet from any R or R-O District.
(G) Use of vehicle as sign. It shall be unlawful to use (B) RSF, RT and Neighborhood Commercial
a vehicle or a trailer as a sign in circumvention of Districts. Except pursuant to 174.03 (C), (H)and
this chapter. (J), freestanding signs shall be prohibited and no
freestanding signs shall be erected in RSF, RT
(H) Off-Site Signs. It shall be unlawful to erect any and Neighborhood Commercial Districts of the
off-site sign. City.
(1) Roof Signs. Roof signs shall not be permitted. (C) R-O and RMF Districts. One freestanding sign
shall be permitted on a lot or parcel zoned RMF
(J) Placing signs on private property. No signs shall or R-O subject to the following restrictions:
be placed on any private property without the
consent of the owner thereof. (1) Display surface area. The maximum display
surface area shall not exceed four(4)square
(K) Placing signs on trees. No signs shall be placed feet;
or painted on any tree within the city's right-of-
way or property. (2) Setback from right-of-way. The sign shall be
setback a minimum of 15 feet from street
(L) Placing signs on utility poles. No signs shall be right-of-way.
placed on any utility pole except for utility
identification or similar purposes. (3) Height. The height of the sign shall not be
greater than six (6) feet above the level of
155.Cross reference(s)--Variance, Ch. 156, Appeals, Ch. the street upon which the sign faces.
(Code 1965, 176-7(b), (e)--(k); 176-8; Ord, No. 1893, 12- (4) Setback from R District. The sign shall be
setback a minimum of 25 feet from the
19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. boundary of any RSF District and 15 feet
No. 3298, 10-6-87; Code 1991, 158.38, 158.36, 158-39- from all other zoning districts.
158.46;Ord.No.4100, 2(Ex.A),6-16-98) 9
174.09 Sign Illumination (5) Illumination. The sign shall be illuminated by
Direct illumination by incandescent light bulbs shall be indirect illumination only.
restricted to light bulbs rated at 150 watts or less. (6) In lieu of the above freestanding sign, one
(Code 1965, 17B-7(d); Ord. No. 1893, 12-19-72; Ord. No. freestanding bulletin board of up to ten ..
2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6- square feet may be installed in an RMF
87;Code 1991, 158.38;Ord.No.4100, 2(Ex.A),6-16-98) district pursuant to the above requirements
and§174.03(P).
174.10 On-Site Freestanding Signs (D) C Districts.
It shall be unlawful to erect any freestanding sign
which total height is greater than 30 feet above the (1) Number of signs. Only one on-site
level of the street upon which the sign faces. For any freestanding signs shall be permitted -s e
sign located closer to street right-of-way than 40 feet, lot, at a shopping center, or ata mall;
the maximum height shall be reduced one-half (112) pP g
foot for each foot of setback less than 40 feet. On- provided only one on-site freestanding sign
Site Freestanding signs shall be permitted to be shall be permitted for any business operating
erected in the city subject to the following: on two or more adjoining lots.
(A) R-A District. (2) Freestanding signs. Freestanding signs
shall be subject to the following:
(1) Number of signs. Only one on-site
freestanding sign shall be permitted on a lot
CD174:8
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 10 of 12
EXHIBIT"A"
TITLE XV UNIFIED DEVELOPMENT CODE
(a) Display surface area. Display surface (a) Display surface area. Display surface
area shall not exceed 10 square feet; area shall not exceed 10 square feet;
provided, the display surface area may provided, the display surface area may
be increased two (2) square feet for be increased two square feet for each
each one (1) foot the sign is setback one foot the sign is setback from street
from street right-of-way beyond 15 feet, right-of-way beyond 15 feet; provided
provided further, the maximum display further, the maximum display surface
surface area for a sign which is setback area for a sign which setback from
from street right-of-way 40 feet or more street right-of-way 40 feet or more shall
shall be 75 square feet. be 75 square feet.
(b) Setback from right-of-way. Setback
shall be a minimum of 15 feet from (b) Setback from right-of-way. Setback
street right-of-way. shall be a minimum of 15 feet from
(c) Setback from adjoining property. street right-of-way.
Setback shall be a minimum of 25 feet (c) Setback from Adjoining property.
from the boundary of any adjoining Setback shall be a minimum of 25 feet
property. from the boundary of any adjoining
(3) Joint identification sign. The display surface property.
area of joint identification signs may be (F) P Districts. One Freestanding sign or bulletin
increased to one square foot per 500 square board may be erected.
feet of gross leaseable building area over
37,500 square feet located, as approved by (G) Area signs.
the Planning Division, at no more than two
(2) remote entrance locations. The permit (1) Size/location. The size and location of the
applicant shall provide a recorded legal fence, wall, or other structure which will
document as approved by the Planning contain the area identification sign must be
Division indicating ownership and approved by the Planning Division, who will
responsibility for maintenance of sign and approve such structure upon the criterion of
subject to the following: traffic safety sight lines.
(a) R Districts. Prohibited. (a) Areas with more than one entrance may
not have a sign at more than two
(b) R-O District. Monument sign permitted locations.
with a maximum display surface area of
32 square feet. (b) An area sign with display on one side
located on each side of an entrance
(c) C and I Districts. Display surface shall street may be substituted for a single
not exceed 300 square feet. sign with display on both sides.
(d) Size limitation for freestanding sign if (2) Display surface area.
business displayed on joint
indentification sign. If a business name (a) A, P, R, and R-O Districts. Display area
or logo is placed upon a joint shall not exceed 32 square feet.
identification sign, that business's
freestanding sign may not exceed 32 (b) C and 1 Districts. Display area shall not
square feet. exceed 75 square feet.
(E) I Districts. (H) Monument signs. A monument sign shall be set
back a minimum of 10 feet from the street right-
(1) Number of signs. Only one on-site of-way, 25 feet from adjoining property, and may
freestanding sign shall be permitted on a lot, be substituted for a freestanding sign permitted
at a shopping center, or at a mall; provided by §174.10., provided the display surface area
only one on-site freestanding sign shall be meets the following:
permitted for any business operating on two
or more adjoining lots. (1) Neighborhood Conservation and RSF
Districts. Prohibited on individual lots.
(2) Freestanding signs. Freestanding signs
shall be subject to the following: (2) Other residential districts. The display
surface shall not exceed 16 square feet.
CD174:9
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 11 of 12
Fayetteville Code of Ordinances
(3) R-A and P Districts. The display surface (B) Numberof signs.
area shall not exceed 32 square feet.
(1) Single tenant. Where a building houses only
(4) C and I Districts. The display surface area one business, a maximum of four (4) wall
shall not exceed the maximum permitted by signs may be placed on one wall, but no
§174.10. more than four (4) wall signs may be placed
on the building.
(Code 1965, 176-9; Ord. No. 1893, 12-19-72; Ord. No. (2) Multiple tenants. Where a building houses
3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15- more than one business, each business shall
87;Code 1991, 158.47; Ord. No.4100, 2(Ex.A),6-16-98); be entitled to one wall sign on the front
Ord.No.4226,2-15-00) fascade near the primary entrance to that
174.11 Projecting Signs business. If the business occupies a comer
space, the business is also entitled to a wall
sign on the side exterior wall adjoining its
(A) Sidewalks. It shall be unlawful to erect any rented space and on the rear exterior wall if
Projecting sign that projects from the wall of a its interior rented space adjoins the rear
building upon which it is erected a distance of exterior wall.
more than two-thirds of the width of the sidewalk
(in those instances where there is a sidewalk
next to the building) or within two feet of street
(C) Displaysudacearea.
right-of-way(in those instances where there is no (1) All signs. The display surface area of all wall
sidewalk next to the building); provided, no signs on any one wall shall not exceed 200
projecting sign shall project more than six(6) feet square feet or 20%of the area of the wall on
from the wall of the building upon which it is which they are located,whichever is less.
erected.
(B) Location. Projecting signs shall be located on the (2) Multiple tenants. Where a building houses
more than one business, the display surface
vertical surface of a building and shall not be area of the tenants' one allowable wall sign
higher than the eave or rafter line, whichever is shall not exceed 200 square feet or 20% of
higher. Projecting signs shall clear grade level the area of the tenant's individual wall space,
below the sign by a minimum of eight(8)feet. whichever is less. Furthermore, in no case
(C) Display surface area. The display surfacearea shall the display surface area of all wall signs
on any one wall exceed 200 square feet or
of a projecting sign shall not exceed 16 square 20%of the total wall area,whichever is less.
feet. Only one (1) projecting sign per business
shall be permitted and a projecting sign shall not (D) Off-site wag signs. Off-site wall signs shall be
be permitted on property which has a
freestanding sign. prohibited in all zoning districts.
(E) Limitations in residential zoning districts. In RMF
(D) Off-site. Off-site projecting signs shall be and R-O zoning districts, the following limitations
prohibited in all zoning districts. shall apply:
(E) On-site. On-site projecting signs shall be
prohibited in R-A, RSF, RT, RO and (1) Number of signs. Limit of one on-site wall
sign per business per building; provided,
Neighborhood Conservation zoning districts. when a building abuts more than one street,
(Code 1965, 176-10; Ord, No. 1893, 12-19-72; Ord. Nothe limit shall be one on-site wall sign per
2255, 7-20-76; Code 1991, 158.48; Ord. No. 4100, 2 (Ex. business per building for each wall which
A.),6-16-98) faces an abutting street.
174.12 Wall Signs (2) Display surface area. Display surfaces shall
not exceed 16 square feet.
(A) Projection.
(Code 1965, 1713-11; Ord. No. 1893, 12-19-72; Ord. No.
2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. 3294, 9-
(1) General. Wall signs shall not project more 15-87; Code 1991, 158.49; Ord. No.4100, 2(Ex.A), 6-16-
than 18 inches from the surface upon which 98)
they are mounted.
Cross reference(s)--Boards and Commissions,Ch.33,
(2) Mansard roof. The upper edge of a wall sign General Provisions, Ch. 150; Definitions, Ch. 151;
mounted on a mansard roof may project Enforcement, Ch. 153; Appeals, Ch. 155; Variances, Ch.
more than 18 inches so long as the sign is 156;Fees,Ch. 159r
perpendicular to the ground.
CD174:10
B. 1
Amend Chapter 174&Chapter 153;Signs
Page 12 of 12
EXHIBIT"A"
TITLE XV UNIFIED DEVELOPMENT CODE
(Ord.No.4226,2-15-00;Ord.No 4500,7-01-03)
174.13-174.99 Reserved
CD174:11
B.2
Amend Chapter 159; Road Impact Fees
Page 1 of 4
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`V
B.2
Amend Chapter 159; Road Impact Fees
Page 4 of 4