HomeMy WebLinkAboutOrdinance 5375 ORDINANCE NO. 5375
AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE OF
THE CITY OF FAYETTEVILLE, TO AMEND CHAPTER 174: SIGNS TO INCLUDE
SIGNAGE DESIGNATIONS FOR RECENTLY ADOPTED ZONING DISTRICTS, TO
ALLOW FOR LIMITED WALL SIGNAGE FOR BUSINESSES APPROVED BY
CONDITIONAL USE PERMIT IN THE RSF AND RT ZONING DISTRICTS, AND
OTHER AMENDMENTS.
WHEREAS, the City of Fayetteville believes that the construction, repair, alteration, location
and maintenance of signs should be controlled within the city limits of Fayetteville in order to protect the
public investment in the streets and highways, to promote the safety and recreational value of public
travel, and to preserve natural beauty; and
WHEREAS, the purpose of this Ordinance is to promote the reasonable, orderly, and effective
display of signs while remaining consistent with City polity to protect the public investment in the streets
and highways, to promote the safety and recreational value of public travel, and to preserve natural
beauty;
WHEREAS, as new zoning districts are created that allow for a variety of office, commercial,
and residential uses,appropriate signage should be permitted consistent with the above goal; and
WHEREAS,the City of Fayetteville recognizes the importance of permitting limited signage for
nonresidential uses approved by conditional use permits in residential neighborhoods;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01 of
the Unified Development Code to repeal the existing definition of "Monument sign" and insert in
alphabetical order the following definitions:
"Monument sign. (Signs) A freestanding signs whose entire base is in contact with and
supported by the ground."
"Pole sign. (Signs) A freestanding sign that is affixed, attached, or erected on a pole or
poles that is not itself an integral part of or attached to a building or structure."
Page 2
Ordinance No.5375
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§164.21(D)(4) of the Unified Development Code, signage limitations for Use Unit 12, Limited business,
and renumbers the remaining subsections accordingly.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby repeals §174.10,
On-Site Freestanding Signs, of the Unified Development Code and enacts a replacement §174.10 to
reorganize freestanding pole sign regulations by zoning district and to insert recently adopted zoning
districts as shown in Exhibit"A"attached hereto.
Section 4. That the City Council of the City of Fayetteville, Arkansas hereby amends §174.11(B)
of the Unified Development Code,to repeal the last sentence and replace it as follows:
"Projecting signs shall clear the sidewalk grade level below the sign by a minimum of
eight(8)feet."
Section 5. That the City Council of the City of Fayetteville, Arkansas hereby amends §174.11(E)
to remove the prohibition of projecting signs in the R-O and Neighborhood Conservation zoning districts,
to read as follows:
"(E) On-site projecting signs shall be prohibited in the R-A, RSF, and RT zoning
districts."
Section 6. That the City Council of the City of Fayetteville, Arkansas hereby repeals §174.12 of
the Unified Development Code and enacts a replacement §174.12 to permit limited wall signage for a
nonresidential use permitted by conditional use permit in the NC, RSF, and RT districts, to reorganize
wall sign regulations by zoning district, and to insert recently adopted zoning districts as shown in Exhibit
"B"attached hereto.
Section 7. That the City Council of the City of Fayetteville, Arkansas hereby adopts a new
subsection §174.13, Planned Zoning Districts, with the following language:
"Signage for Planned Zoning Districts (PZD) shall meet the established criteria of this
Chapter. The signage criteria for each planning area within a PZD shall be assigned at the
time of the rezoning request to reflect the most comparable established zoning district(s).
The designated signage shall not exceed the signage allowance permitted in the most
comparable established zoning district(s), as determined by the Zoning and Development
Administrator."
PASSED and APPROVED this 21"day of December,2010. 0%'d� Y TRF
qr•�G�G\SY 4pF�SG
APPROVED: ATTEST: a ;FAYETTEVILLE;
>ys ^9RkANgPS �»;
By. By: s °yiNGTON$��'°'aa
ELD JO ,Mayor SO RA E. SMITH,City ClMtreasurer
EM BI1 W
ADM 10-3637
Page 1 of 4
174.10 On-She Freestanding Signs
On-Site Freestanding signs shall be permitted to (b)Display surface area. The maximum
be erected in the city subject to the following: display surface area shall not -
Only one(1)freestanding sign shall be permitted exceed four(4)square feet;
on a lot, except where otherwise described (c) Setback from right-of-way. The
herein. It shall be unlawful to erect any off-site sign shall be setback a minimum of
freestanding sign or any freestanding sign that 15 feet from street right-of-way.
does not meet the sign type,size,display surface
area,setback,height,or Illumination as described (d) Setback from adjoining property.
herein. The sign shall be setback a
(A) Pole Signs.The following regulations pertain minimum of 25 feet from the
to signs Identified as"pole signs".It shall be boundary of any RSF District and
unlawful to erect any pole sign which total 15 feet from all other zoning
height is greater than 17.5 feet, unless districts.
further limited herein,above the level of the
street upon which the sign faces; provided (e) Height. The height of the sign shall
the pole supported sign may be Increased in not be greater than six (6) feet -
height one-half (112) foot for every foot of above the level of the street upon
additional setback beyond the required 15 which the sign faces.
feet from the right-of-way with a maximum
'height of 30 feet. On-Slee pole signs shall be (f) Illumination. The sign shall be
permitted to be erected in the city subject to illuminated by indirect illumination
the following: only.
(1) R-A District. (4) C, 1, DG, MSC, DC, CS, and UT
Districts.
(a) Number of signs. Only one(1)pole
sign shall be permitted at an (a) Numberofsigns. Onlyone(1)pole
agricultural or permitted business sign shall be permitted on a lot,at a
located on one (1) or more shopping center, or at a mail;
adjoining lots. provided only one on-site pole sign
shall be permitted for any business
(b) Display surface area. The operating on two or more adjoining
maximum display surface area shall lots.
not exceed 16 square feet.
(b) Display surface area and setback
(c) Illumination. Sign may be from right-of-way. The display .
illuminated by indirect Illumination surface area shall not exceed 10
only. square feet and shall be setback 15
feet or more from the right-of-way;
(d) Setback from right-of-way. Sign provided, the display surface area
shall be setback 35 feet from street may be increased two (2) square
right-of-way and 25 feet from any R feet for each one (1) foot of
or R-O District. additional setback from the right-of-
way beyond 15 feet; provided
(2) RSF and RT Districts. Except pursuant further, the maximum display
to §174.03, pole signs shall be surface area for a sign which is
prohibited and no pole signs shall be setback from the street right-of-way
erected in RSF and RT Districts of the 40 feet or more shall be 75 square
city. feet.
(3) RMF,R-0,P,NC,and NS Districts. (c) Setback from adjoining property.
Setback shall be a minimum of 25
(a) Number of signs.Only one(1)on- feet from the boundary of any
site freestanding sign shall be adjoining property.
permitted on a lot or at a business
operating on two or more adjoining (B) Monument sign.
lots.
EXHIBIT"A"
ADM 10-3637
Page 2 of 4
The following regulations pertain to signs Division. The permit applicant shall provide
identified as "monument signs", which are a recorded legal document as approved by
freestanding signs whose entire base is in the Planning Division indicating ownership
contact with and supported by the ground. and responsibility for maintenance of sign
and subject to the following:
(1) Number of signs. Where a monument
sign is permitted,only one(1)sign shall (1) R-A, RSF, RT, RMF, P, NC, and NS
be erected on a lot or at a business Districts. Prohibited.
operating on two(2)or more adjoining
lots. (2) R-O District. Monument joint
Identification sign permitted only.
(2) Display surface area.
(a) Display surface area. Display
(a) RSF and RTOlstricts.Prohibited on surface area shall not exceed 50
Individual lots. square feet.
(b) NC District.Where a conditional use (b) Setback from fight-of-way. Signs
permit has been approved fora
nonresidential use within the minimum a k shall be setback of 10
Neighborhood Conservation zoning feet from the f
ini
district the display surface area of c Setback from adjoining
the monument sign shall not propel.
exceed 10 square feet. Setback shall be a minimum of 10
feet from adjoining non-residential
(c) NS and RMF Districts. The display property and 25 feet from adjoining
surface area shall not exceed 16 residential property.
square feet.
(d) Height. The maximum height of e
(d) RA and P Districts. The display sign shall be six (6) feet from the
surface area shall not exceed 32 surrounding grade.
square feet.
(3) C, 1, DG, MSC, DC, CS, and UT
(e) R-O Districts. The display surface Districts.
area shall not exceed 50 square
feet. (a) Monument. The following
regulations apply to a monument ,
(f) C,1,DG, MSC, DC, CS, and UT joint Identification sign, whose
Districts. The display surface area entire base is In contact with and
shall not exceed 75 square feet. supported by the ground:
(3) Setback from right-of-way: The sign (i) Multi-tenant building containing
shall be setback a minimum of 10 feet 37,500 square feet or less of
from the right-of-way. leasable tenant space:
(4) Setback From adjoining property lines. A. Display surface area and
The sign shall be setback a minimum of setback from right-of-way.
25 feet from the boundary of any RSF Display surface area shall
district and 15 feet from all other zoning not exceed 75 square feet
districts. and the sign shall be
setback 10 feet or more
(5) Height.The maximum height of a sign from the right-of-way.
shall be six(6)feet from the surrounding .
grade. B. Height. The maximum
height of a sign shall be
(C) Joint identification sign. The following six(6)feet above the level
regulations pertain to signs identified as joint of the surrounding grade.
identification signs:
(II) Mufti-tenant building containing
Joint identification signs must provide area more than 37,500 square feet:
for the display of a minimum of two (2)
person(s)or business(s)and may be located A. Display surface area.
at no more than two (2) remote entrance Display surface area shall
locations, as approved by the Planning not exceed 75 square feet;
DCHIBIT"A"
ADM 10-3637
Page 3 of 4
provided the display display surface area of
surface area of a joint joint identification signs
Identification signs may be may be increased one
increased one additional additional square foot per
square foot per 500 - 500 square feet of gross
square feet of gross leaseable building area
leaseable building area over 37,500 square feet,
over 37,500 square feet, as approved by the
W approved by the Planning Division. Total
Planning Division. Total display surface area shall
display surface area shall not exceed 300 square
not exceed 300 square feet.
feet
(fi) Setback from adjoining
B. Height and setback from property. Signs shall be
right-of-way. The setback a minimum of 25 feet
maximum height of the from the boundary of any
sign shall be six (6) feet adjoining property.
above the level of the
surrounding grade when (iii) Height. The height of a sign -
setback 10 feet or more shall be a maximum of 17.5
from the right-of-way, feet, provided the pole-
provided, the maximum mounted sign may be
height of the sign may increased In height one-half
increase to 10 feet above (112) foot for every foot of
the surrounding grade additional setback beyond the
when setback 20 feet or required 15 feet from the right-
more from the right-of- of-way with a maximum height
'ay. of 30 feet.
C. Setback from adjoining (D)Area signs.The location of the fence,wall,or
property. Signs shall be other structure which will contain the area
setback a minimum of 25 identification sign must be approved by the
feet from the boundary of Planning Division, which will approve such
any adjoining property. structure upon the criterion of traffic safety
sight lines.Area signs shall not be located
(b) Pole. The following regulations within the Master Street Plan right-of-way.
apply to pole-mounted joint (1) R-A,RSF,RT,RMF,NC,NS,P,and R-
identification signs: O Districts.
(i) Display surface area and (a) Number of signs. Areas with one
setback from right-of-way.The entrance may not have more than
display surface area shall not one sign.Areas with more than one
exceed 10 square feet and entrance may not have a sign at
shall be setback 15 feet or more than two locations.
more from the right-of-way;
provided, the display surface (b) Display surface area. An area sign
area may be increased two(2) with display on one side located on
square feet for each one (1) each side of an entrance street may
foot of additional setback from be substituted for a single sign with -
the right-of-way beyond 15 display on both sides.The display
feet; provided further, the surface area shall not exceed 32
maximum display surface area square feet.
- for a sign which is setback from
the street right-of-way 40 feet (2) C, I, DG, MSC, DC, CS, and UT
or more shall be 75 square Districts.
feet.
(a) Number of signs. Areas with one
A. Exception.Display surface entrance may not have more than
area shall not exceed 75 one sign.Areas with more than one
square feet, provided the
EXHIBIT"A"
ADM 10-3637
Page 4 of 4
entrance may not have a sign at a lot or for a use operating on two or
more than two locations. more adjoining lots.
(b) Display surface area. An area sign (b) Display surface area. Monument
with display on one side located on sign only, with a display surface
each side of an entrance street may area not to exceed 16 square feet.
be substituted for a single sign with
display on both sides.The display (c) Setback from right-of-way. The
surface area shall not exceed 75 bulletin board shall be setback a
square feet. minimum of 10 feet from the street
right-of-way.
(E) Bulletin Boards. The following regulations
pertain to signs identified as 'bulletin (d) Setback from adjoining properties.
boards',which are erected for the purposes The sign shall be setback a
of announcing events which are held on the minimum of 25 feet from the
premises: boundary of any RSF district and 15
(1) RSF, RT, and NC Districts. Where a feet from all other zoning districts. _
conditional use permit has been (e) Height. The height of the bulletin
approved for a charitable, educational, board shall not be greater than six
or religious Institution or a public body (6)feet above the level of the street
within these districts, the following upon which the sign faces.
limitations shall apply:
(a) Numberofsigns.Only one on-site (f) Illumination. Electronic message
bulletin board shall be permitted on boards shall be prohibited. :.
I'
EXHIBITS'
ADM 10-3637
Page 1 of 1
174.12 Wall Signs
Wall signs shall not project more than 18 inches
from the surface upon which they are mounted. (C)R-A,R-O,P,and NS Districts.
The upper edge of a wall sign mounted on a
mansard roof may project more than 18 inches (1) Number of signs. Limit of two on-site
so long as the sign is perpendicular to the wall signs per business per building.In
ground.The allowable display surface area of a no case shall a business have more
wall sign is determined by the wall on which it is than one wall sign on any wall.
located.
(A) NC, RSF and RT Districts. Where a (2) Display surface area. The display
conditional use permit has been approved surface area of a sign shall not exceed
for a nonresidential use within these zoning 16 square feet where the wall adjoins a
districts,the following limitations shall apply: residential land use,or 50 square feet
where the wall adjoins a nonresidential
(1) Numberof signs. Limit of one (1)on- land use,or street right-of-way.
site wall sign per business per building; (D) C,1,DG,MSC,DC,CS,and UT Districts. -
provided, when a building abuts more
than one street, the limit shall be one (1) Numberofsigns.
onsite wall sign per business per
building for each wail which faces an (a) Single tenant. Where a building
abutting street. In no case shall a houses only one business, a
building have morethan one wall sign maximum of four(4)wall signs may
on any one wall. be placed on one wall,but no more
(2) Display surface area. Display surfaces than four (4) wall signs may be
placed on the building.
of each sign shall not exceed 8 square
feet. (b) Multiple tenants. Where a building
(3) Illumination.The color of the sign shall houses more than one business,
be compatible with the colors of the each business shall be entitled to a
structure, and only indirect external maximum of one wall sign per
lighting is permitted. business on each wall of the
building,with a maximum of four(4)
(4) Exceptions: total wall signs per business per
building. In no case shall a
(a) Home Occupations. Signage for a business have more than one wall
home occupation in an RSF sign on any wall.
districts shall be prohibited except (2) Display surface area.
where it Is required by the
applicable licensing board, subject (a) Single tenant. The display surface
to proof of said requirement. area shall not exceed 20% of the
(B) RMF Districts. first 1000 square feet of wall area
and 5%of any additional wall area.
(1) Number of signs. Limit of one on-site
wail sign per business per building; (b) Multiple tenants. Where a building
provided, when a building abuts more houses more than one business,
than one street, the limit shall be one the display surface area of each
on-site wall sign per business per tenant's allowable wall sign(s)shall
building for each wall which faces an not exceed 150 square feet.
abutting street. In no case shall a Furthermore, the display surface _
business have more than one wall sign area for all wall signs on any one
on any wall. wall may not exceed 20% of that
total wall area.
(2) Display surface area. Display surfaces
of each sign shall not exceed 16 square (E) Offsite wall signs. Off-site wall signs shall
feet. be prohibited In all zoning districts.
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
21
12/'1/2010
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
ADM 10-3637: (UDC Amendment Chapter 174): Submitted by City Planning Staff. The proposal is to amend Chapter
174, Signs, to include signage designations for recently adopted zoning districts and to modify certain freestanding
and wall signage regulations.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution#
Dep—artment rector Date
Original Contract Date:
Original Contract Number:
City Attorney Date
-6--7.6 fo
Finance and Internal Services Director Date Received in City]2-03-1 0 P 0 3 :20 R CV D
Clerk's Office
Chief of St Date
Received in
/ Mayor's Office
;aYor
Comments:
Revised January 15,2009
ae evi le THE CITY OF FAYETTEVILLE,ARKANSAS
Y DEPARTMENT CORRESPONDENCE
ARKANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan,City Council
Thru: Don Marr,Chief of Staff
From: Dara Sanders, Current Planner
Date: November 18, 2010
Subject: ADM10-3637 UDC Chapter 174, Signs
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance to amend Unified Development Code Chapter
174, Signs(ADM 10-3637).
BACKGROUND
The type, size and number of signs allowed in the City of Fayetteville are determined by the zoning classification of
the property. Therefore, all zoning districts must be referenced in Chapter 174 Signs, if they are allowed to contain
signage. Currently, Downtown Core (DC), Main Street Center (MSC), Downtown General (DG), Neighborhood
Conservation(NC), Neighborhood Services (NS), Community Services (CS), and Urban Thoroughfare (UT) zoning
districts are not referenced in Chapter 174, Signs, and other zoning districts are not consistently referenced.
Staff has been able to permit signs in the first three downtown zoning districts, and could permit signs in the CS and
UT zoning districts, since they are essentially intended to be commercial zoning classifications. This is not explicitly
called out in the ordinance, however, and is subject to interpretation. Neighborhood Conservation, specifically, is
considered a single-family zoning district, where signs are generally prohibited. But unlike a conventional single-
family zoning district, the Planning Commission can allow professional office uses within the Neighborhood
Conservation zoning district by conditional use permit, though staff cannot permit signage for the approved use.
Additionally, the recently approved Neighborhood Services, a low-intensity mixed-use, zoning district is primarily
residential with limited nonresidential uses permitted by-right. Specific signage allowances and limitations should be
in place to protect and ensure compatibility with the surrounding uses,both residential and nonresidential.
Another issue that staff and property owners have encountered in the process of conditional use approval for
nonresidential uses in the NC, RSF, and RT zoning districts is the prohibition of signage. A property owner may be
permitted by the Planning Commission to operate a small, nonintrusive business on his/her property, but he/she does
not have the right to install a sign for the approved business by the regulations in Chapter 174. The typical response
is to submit a rezoning request to the Planning Commission for the purpose of signage, which is not always an
appropriate course of action.
THE CITY OF FAYETTEVILLE,ARKANSAS
Staff proposes several formatting and content changes to Chapter 174, Signs, to include recently adopted zoning
districts, to increase visibility of freestanding signage in select zoning districts, and to allow for limited wall signage
for businesses approved by conditional use permit in the RSF and RT zoning districts.
DISCUSSION
This item was considered on multiple occasions by the Planning Commission and several revisions were made to
accommodate Commissioner's requests. On October 25, 2010 the Planning Commission forwarded this item to the
City Council with a recommendation for approval with a vote of 6-1-0(Commissioner Hoskins voted "no").
BUDGETIMPACT
None.
7a ILM
e eve Departmental Correspondencey ARKALEGAL
d -
• • DEPARTMENT
Kit Williams
City Attorney
.rasa B.KelleyTO: Mayor Jordan
Assistant City Attorney
City Council
CC: Jeremy Pate, Development Services Director
Dara Sanders, Planner—Current Planning
FROM: Kit Williams, City Attorney ( `
DATE: December 6, 2010
RE: Proposed changes to the sign ordinance
I met several times with Jeremy, Dara and other planners to review and
revise the proposed changes to the Sign Ordinance. The revisions were discussed
during two Planning Commission meetings before this proposed ordinance won
almost unanimous approval.
These revisions keep the sign ordinance current with all the new zoning
districts. The major substantive change is the allowance of some commercial
signage in a residential district for commercial uses that have been allowed to
operate under conditional use permits. Attempts were made to ensure the signs
would not be intrusive (such as not allowing projecting signs), but would still
encourage the mixed use concepts of the 2025 Plan.
ORDINANCE NO.
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE OF THE CITY OF FAYETTEVILLE, TO
AMEND CHAPTER 174: SIGNS TO INCLUDE SIGNAGE
DESIGNATIONS FOR RECENTLY ADOPTED ZONING
DISTRICTS, TO ALLOW FOR LIMITED WALL SIGNAGE FOR
BUSINESSES APPROVED BY CONDITIONAL USE PERMIT IN
THE RSF AND RT ZONING DISTRICTS, AND OTHER
AMENDMENTS.
WHEREAS, the City of Fayetteville believes that the construction, repair, alteration,
location and maintenance of signs should be controlled within the city limits of Fayetteville in order
to protect the public investment in the streets and highways, to promote the safety and recreational
value of public travel, and to preserve natural beauty; and
WHEREAS, the purpose of this Ordinance is to promote the reasonable, orderly, and
effective display of signs while remaining consistent with City polity to protect the public investment
in the streets and highways, to promote the safety and recreational value of public travel, and to
preserve natural beauty;
WHEREAS, as new zoning districts are created that allow for a variety of office,
commercial, and residential uses, appropriate signage should be permitted consistent with the above
goal; and
WHEREAS, the City of Fayetteville recognizes the importance of permitting limited signage
for nonresidential uses approved by conditional use permits in residential neighborhoods;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby amends §151.01
of the Unified Development Code to repeal the existing definition of"Monument sign" and insert in
alphabetical order the following definitions: