HomeMy WebLinkAboutOrdinance 5559ORDINANCE NO. 5559
AN ORDINANCE TO AMEND §151.01 DEFINITIONS AND §174.08
PROHIBITED SIGNS OF THE UNIFIED DEVELOPMENT CODE OF
FAYETTEVILLE TO CLARIFY REGULATIONS CONCERNING
ELECTRONIC MESSAGE BOARDS
WHEREAS, changing technology has created the need to clarify the type and
illumination power of electronic message boards to continue to protect aesthetic and traffic
safety concerns of our City while still permitting electronic message boards similar to those
already installed by commercial business in Fayetteville to continue to operate and continue to be
permitted in the future; and
WHEREAS, electronic graphic screen signs which have appeared along I-540 and
elsewhere in neighboring cities are so bright and distracting that they create substantially
increased traffic safety dangers, aesthetic degradations of the vicinity, and unfairly diminish the
usefulness and visibility of neighboring signs.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the
definition of Bulletin Board of §151.01 of the Unified Development Code by adding the
following sentence at the conclusion of the definition: "A bulletin board is considered a manual
message board. "
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further
amends §151.01 of the Unified Development Code by adopting the following definitions:
"Electronic message board. (Signs) A changeable copy sign that
displays electronic, non -pictorial, text information in which
alphanumeric characters and punctuation marks are defined by
illumination devices, such as, but not limited to, light emitting diodes
(LED), fiber optics, light bulbs, and liquid crystal display (LCD).
Page 2
Ordinance No. 5559
"Manual message board. (Signs) A changeable copy sign that is
arranged manually in the field through the utilization of alphanumeric
characters and punctuation marks.
"Electronic graphic display ,screen. (Signs) A sign or portion of a sign
that displays electronic images, graphics or pictures, defined by matrix
elements using different combinations of light emitting diodes (LED),
fiber optics, light bulbs, or other illumination devices. Electronic
graphic displays include television screens, plasma screens, digital
screens, flat screens, LED screens, LCD screens, video boards,
holographic displays, or other technologies of a similar nature.
"Foot candle. A unit of measurement referring to illumination. One
foot candle is equal to one lumen uniformly distributed over an area of
one square foot.
"Illuminance. The photometric quantity most closely associated with
the perception of brightness and a measurement of the intensity of light
falling on a surface at a given distance from the light source."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§174.08(B) of the Unified Development Code and enacts a replacement shown as Exhibit "A"
attached hereto and made a part hereof.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§174.08(C) of the Unified Development Code by adding "portable message board" as a type of
temporary attraction sign board.
PASSED and APPROVED this 3rd day of January, 2013.
"00D
ATTEST:
By. ju Z
SONDRA E. SMITH, City Clerk/Treasurer
1TR r.'i,S
C
CHAPTER 174: SIGNS
174.08 Prohibited Signs
(B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
or signs or to continue in operation an attraction
device or sign which flashes, blinks, or is
animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
intensity shall be prohibited.
(1) Electronic message boards. Electronic
message boards may be permitted subject to
the following conditions:
(a) District limitations. Electronic message
boards are prohibited in all residential
districts, including Neighborhood
Conservation. They are allowed only in
institutional, office, industrial and
commercial zoning districts, or mixed
use districts with nonresidential uses,
but in no case ever allowed in the
Neighborhood Services or 1-540
Districts.
(b) Size. The maximum sign area of the
electronic portion of an electronic
message board shall not exceed 32
square feet.
(c) Display. Messages shall be displayed
on a black or unlit background.
(d) Dimming and brightness. Signs shall be
equipped with dimming technology that
automatically adjusts the display
brightness based on ambient light
conditions. The sign shall not exceed
0.3 foot candles illumination above
ambient light level.
(e) Copy. Electronic message boards using
flashing, intermittent or moving light or
lights are prohibited. There shall be no
appearance of visual dissolving, fading,
movement, animated text, video, or flow
of message.
(i) Electronic message boards may
change their message every three
hours without violating the
prohibition of flashing or blinking.
Transitions between messages
shall be instantaneous.
(2) Electronic graphic display screens. It shall be
unlawful to erect any electronic graphic
display screen.
City of Fayetteville Staff Review Form
Jesse Fulcher
Submitted By
City Council Agenda Items
and
Contracts, Leases or Agreements
1 /312013
City Council Meeting Date
Agenda Items Only
Planning Development Services
Division Department
Action Required:
ADM 12-4228: Administrative Item (UDC Amendment Chapter 151 and 174): Submitted by City Planning Staff. The
proposal is to amend the Unified Development Code Chapter 151, Definitions and Chapter 174, Signs, to provide
regulations for electronic message and video boards.
Cost of this request
Account Number
Project Number
Budgeted Item
Department Urector n
A ,
City Attorney
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Date
Original Contract Date:
_ _ 0 �tZ— Original Contract Number:
Date
`Pc,. A ok - a _ t8 -zalz,
Finance and Internal Services Director Date
P0
Received in City
Clerk's Office
Received in FJIl
Mayor's Office j z
Revised January 15, 2009
Taveredile
�ARRANSAS=
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff ,q
Jeremy Pate, Development Services Director L>`
From: Jesse Fulcher, Current Planner
Date: December 14, 2012
Subject: ADM 12-4288, UDC Chapters 151, Definitions and 174, Signs
RECOMMENDATION
THE CITY OF FAYETTEVILLE, ARKANSA5
DEPARTMENT CORRESPONDENCE
Staff recommends approval of an ordinance clarifying and further regulating the use of electronic message
boards and video boards in the City of Fayetteville.
BACKGROUND
Signs that flash or blink have been regulated in Fayetteville's sign ordinance since 1972. However, newer
technologies emerging in cities within the region such as electronic message boards and video boards aren't
specifically addressed in the Unified Development Code. Currently, both sign types are allowed, provided that
the message or image is stationary. The one exception is along the I-540 corridor where these types of signs
have been prohibited since 1994.
The proposed amendments to the sign ordinance are intended to provide clear regulatory guidelines for
electronic message boards, such as where they are permitted and at what size. The changes also include a
prohibition on electronic video boards, thoughout the city.
None.
BUDGETIMPACT
None.
ga"-44 Cq/+ 44 4446-
ram:
Kit Williams
CityAltorney
TO: Mayor Jordan Jason Kelley
y Assistant City Attorney
City Council
CC: Jeremy Pate, Development Services Director
Jesse Fulcher, Planner — Current Planning
FROM: Kit Williams, City Attorney
DATE: December 31, 2012
RE: Ordinance to amend §151.01 Definitions and §174.08 Prohibited Signs
The Planning Department decided to propose simpler terms: "Electronic
message board" rather than "Changeable reader board, electric" in its proposed
new definitions for the Sign Ordinance. I have therefore changed the proposed
ordinance to use these simpler defined terms.
Planning has also changed the exhibit to mirror the other changes in the
ordinance. Prior to my reading the ordinance, I would request that an Alderman
move to amend the ordinance handed out with your Agenda to this new one
proposed by Planning.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 151.01 DEFINITIONS AND § 174.08
PROHIBITED SIGNS OF THE UNIFIED DEVELOPMENT CODE OF
FAYETTEVILLE TO CLARIFY REGULATIONS CONCERNING
ELECTRONIC MESSAGE BOARDS
WHEREAS, changing technology has created the need to clarify the type and
illumination power of electronic message boards to continue to protect aesthetic and traffic
safety concerns of our City while still permitting electronic message boards similar to those
already installed by commercial business in Fayetteville to continue to operate and continue to be
permitted in the future; and
WHEREAS, electronic graphic screen signs which have appeared along I-540 and
elsewhere in neighboring cities are so bright and distracting that they create substantially
increased traffic safety dangers, aesthetic degradations of the vicinity, and unfairly diminish the
usefulness and visibility of neighboring signs.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the
definition of Bulletin Board of §151,01 of the Unified Development Code by adding the
following sentence at the conclusion of the definition: "A bulletin board is considered a manual
message board. "
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further
amends § 151.01 of the Unified Development Code by adopting the following definitions:
"Electronic message board (Signs) A changeable copy sign that
displays electronic, non -pictorial, text information in which
alphanumeric characters and punctuation marks are defined by
illumination devices, such as, but not limited to, light emitting diodes
(LED), fiber optics, light bulbs, and liquid crystal display (LCD).
"Manual message board. (Signs) A changeable copy sign that is
arranged manually in the field through the utilization of alphanumeric
characters and punctuation marks.
"Electronic graphic display screen. (,Signss) A sign or portion of a sign
that displays electronic images, graphics or pictures, defined by matrix
elements using different combinations of light emitting diodes (LED),
fiber optics, light bulbs, or other illumination devices. Electronic
graphic displays include television screens, plasma screens, digital
screens, flat screens, LED screens, LCD screens, video boards,
holographic displays, or other technologies of a similar nature.
"Foot candle. A unit of measurement referring to illumination. One
foot candle is equal to one lumen uniformly distributed over an area of
one square foot.
"Illuminance. The photometric quantity most closely associated with
the perception of brightness and a measurement of the intensity of light
falling on a surface at a given distance from the light source."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§ 174.08(B) of the Unified Development Code and enacts a replacement shown as Exhibit "A"
attached hereto and made a part hereof.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 174.08(C) of the Unified Development Code by adding "portable message board" as a type of
temporary attraction sign board.
PASSED and APPROVED this 15"' day of January, 2013.
APPROVED:
ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
CHAPTER 174: SIGNS
174.08 Prohibited Signs
(B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
or signs or to continue in operation an attraction
device or sign which flashes, blinks, or is
animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
intensity shall be prohibited.
(1) Electronic message boards. Electronic
message boards may be permitted subject to
the following conditions:
(a) District limitations. Electronic message
boards are prohibited in all residential
districts, including Neighborhood
Conservation. They are allowed only in
institutional, office, industrial and
commercial zoning districts, or mixed
use districts with nonresidential uses,
but in no case ever allowed in the
Neighborhood Services or 1-540
Districts.
(b) Size. The maximum sign area of the
electronic portion of an electronic
message board shall not exceed 32
square feet.
(c) Display. Messages shall be displayed
on a black or unlit background.
(d) Dimming and brightness. Signs shall be
equipped with dimming technology that
automatically adjusts the display
brightness based on ambient light
conditions. The sign shall not exceed
0.3 foot candles illumination above
ambient light level.
(a) Copy. Electronic message boards using
flashing, intermittent or moving light or
lights are prohibited. There shall be no
appearance of visual dissolving, fading,
movement, animated text, video, or flow
of message.
(1) Electronic message boards may
change their message every three
hours without violating the
prohibition of flashing or blinking.
Transitions between messages
shall be instantaneous.
(2) Electronic graphic display screens. It shall be
unlawful to erect any electronic graphic
display screen.
Departmental Correspondence
RKANSA
TO: Mayor Jordan
City Council
TL
Kit Williams
City Attorney
Jason B. Kelley
CC: Jeremy Pate, Development Services Director Assistant City Attorney
Andrew Garner, Senior Planner — Current Planning
Jesse Fulcher, Planner — Current Planning
FROM: Kit Williams, City Attorney
DATE: December 17, 2012
RE: New "super bright" video type screens
used for outdoor signs along I-540 and in neighboring cities
I imagine that many of us have witnessed the new television type billboard signs
on I-540 north of our city limits. These exceedingly bright (whether in daylight or at
night) video screens are much more distracting than previous billboards even when those
billboards are lighted. As such, this type of sign would be far more dangerously
distracting signs related to traffic safety and far more degradating to Fayetteville's prized
aesthetics and beauty. What is fine for the Las Vegas Strip or New York Times Square is
not appropriate in Fayetteville.
The City's Sign Ordinance must keep up with the times and technology to
maintain the aesthetic and traffic safety rationale for our Sign Ordinance. Failure to
prohibit these super bright television screen signs would be unfair to all existing signs
and force business competitors to purchase these super bright signs themselves.
Fortunately, the first business which attempted to get such a sign approval from the
Planning Commission was in the I-540 Overlay District that does not allow internally
illuminated signs. For fairness' sake, the City needs to promptly amend the Sign
Ordinance to prohibit this type of sign so we can keep the sign competition playing field
level and equitable for all businesses.
Planning Staff and I have worked on what would need to be amended in the Sign
Ordinance to continue to allow the electronic message board signs (that are not jarringly
or unfairly bright) that allow changes every three hours, but to prohibit the television
screen type sign whose brightness and changeable visions are unfair competitors and
extremely dangerous for traffic safety and hurtful for the treasured beauty and aesthetics
of Fayetteville. I support Planning Staff s recommended changes to the U.D.C. on this
issue.
ORDINANCE NO.
AN ORDINANCE TO AMEND §151.01 DEFINITIONS AND § 174.08
PROHIBITED SIGNS OF THE UNIFIED DEVELOPMENT CODE OF
FAYETTEVILLE TO CLARIFY REGULATIONS CONCERNING
ELECTRONIC MESSAGE BOARDS
WHEREAS, changing technology has created the need to clarify the type and
illumination power of electronic message boards to continue to protect aesthetic and traffic
safety concerns of our City while still permitting electronic message boards similar to those
already installed by commercial business in Fayetteville to continue to operate and continue to be
permitted in the future; and
WHEREAS, electronic graphic screen signs which have appeared along I-540 and
elsewhere in neighboring cities are so bright and distracting that they create substantially
increased traffic safety dangers, aesthetic degradations of the vicinity, and unfairly diminish the
usefulness and visibility of neighboring signs.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends the
definition of Bulletin Board of §151.01 of the Unified Development Code by adding the
following sentence at the conclusion of the definition: "A bulletin board is considered a manual
reader board. "
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby further
amends §151.01 of the Unified Development Code by adopting the following definitions:
"Changeable reader board, electric. (Signs) A changeable copy sign
that displays electronic, non -pictorial, text information in which
alphanumeric characters and punctuation marks are defined by
illumination devices, such as, but not limited to, light emitting diodes
(LED), fiber optics, light bulbs, and liquid crystal display (LCD).
"Changeable reader board, manual. (Signs) A changeable copy sign
that is arranged manually in the field through the utilization of
alphanumeric characters and punctuation marks.
"Electronic graphic display screen. (Signs) A sign or portion of a sign
that displays electronic images, graphics or pictures, defined by matrix
elements using different combinations of light emitting diodes (LED),
fiber optics, light bulbs, or other illumination devices. Electronic
graphic displays include television screens, plasma screens, digital
screens, flat screens, LED screens, LCD screens, video boards,
holographic displays, or other technologies of a similar nature.
"Foot candle. A unit of measurement referring to illumination. One
foot candle is equal to one lumen uniformly distributed over an area of
one square foot.
"Illuminance. The photometric quantity most closely associated with
the perception of brightness and a measurement of the intensity of light
falling on a surface at a given distance from the light source."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals
§174.08(B) of the Unified Development Code and enacts a replacement shown as Exhibit "A"
attached hereto and made a part hereof.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§174.08(C) of the Unified Development Code by adding `portable reader board" as a type of
temporary attraction sign board.
WWO
I0
PASSED and APPROVED this 151h day of January, 2013.
LIONELD JORDAN, Mayor
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
CHAPTER 174: SIGNS
174.08 Prohibited Signs
(B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
or signs or to continue in operation an attraction
device or sign which flashes, blinks, or is
animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
intensity shall be prohibited.
(1) Electronic message boards. Electronic
message boards may be permitted subject to
the following conditions:
(a) District limitations. Electronic message
boards are prohibited in all residential
districts, including Neighborhood
Conservation. They are allowed only in
institutional, office, industrial and
commercial zoning districts, or mixed
use districts with nonresidential uses,
but in no case ever allowed in the
Neighborhood Services or 1-540
Districts.
(b) Size. The maximum sign area of the
electronic portion of an electronic
message board shall not exceed 32
square feet.
(c) Display. Messages shall be displayed
on a black or unlit background.
(d) Dimming and brightness. Signs shall be
equipped with dimming technology that
automatically adjusts the display
brightness based on ambient light
conditions. The sign shall not exceed
0.3 foot candles illumination above
ambient light level.
(e) Copy. Electronic message boards using
flashing, intermittent or moving light or
lights are prohibited. There shall be no
appearance of visual dissolving, fading,
movement, animated text, video, or flow
of message.
(i) Electronic message boards may
change their message every three
hours without violating the
prohibition of flashing or blinking.
Transitions between messages
shall be instantaneous.
(2) Electronic graphic display screens. It shall be
unlawful to erect any electronic graphic
display screen.
MARK-UP COPY
CHAPTER 151 AND CHAPTER 174
TITLE XV UNIFIED DEVELOPMENT CODE
Barrel roof. (DDOD) Like a covered wagon, or
inverted ship; barrel vault is an arch of uniform cross-
section.
Base density. (Tree Preservation and Protection)
The number of trees an applicant must plant based
upon the quality and number of the trees proposed to
be removed per acre.
Base flood. (Stormwater Management, Drainage
and Erosion Control) The flood having a one percent
chance of being equaled or exceeded in any given
year, also referred to as the 100 year stone event.
Beacon. (Signs) A stationary or revolving light
which flashes or projects illumination, single color or
multi -colored, in any manner which is intended to
attract or divert attention; except, however, this term
is not intended to include any kind of lighting device
which is required or necessary under the safety
regulations described by the Federal Aviation Agency
or similar agencies.
Bed and breakfast facility. (Zoning) A
permanently owner occupied private home with a
maximum of five guest rooms furnishing temporary
lodging and breakfast to paying customers.
Block. A combination of building lots, the
perimeter of which abuts streets.
Board of Adjustment. (Airport Zone) The Board
of Adjustment established by Chapter 33.
Bona fide agricultural purpose. (Tree
Preservation and Protection) The aim or goal of
facilitating the ongoing commercial pursuit of farming,
dairying, pasturage, horticulture, viticulture, or the
keeping or raising of livestock or poultry, not
otherwise prohibited by city ordinance.
Build -to line. A build -to line identifies the precise
horizontal distance from a street right-of-way that the
building shall be built to, in order to create a uniform
line of buildings along the street.
Build -to Zone. A build -to zone is a range of
allowable distances from a street right-of-way that the
building shall be built to in order to create a
moderately uniform line of buildings along the street.
Buildable area. (Zoning) the portion of a lot
remaining after required yards have been reserved.
Building frontage: The vertical side of a building
which faces the primary space or street and is built to
the Build -to line.
Building Height: Building height shall be
measured vertically from the existing natural grade to
any part of the structure, excluding spires, cupolas,
antennas, water tanks, ventilators, chimneys, or other
appurtenances usually required to be placed above
the roof and not intended for human occupancy. To
verify whether the height of a proposed structure is
below the maximum height allowed, project a parallel
plane above the existing natural grade and across the
entire parcel. If the structure is below the upper line,
then the height limitation has been satisfied.
Building official. (Building Regulations) A city
building inspector.
Building permit. (Manufactured Homes and
Parks) (Manufactured Homes and Parks opened or
expanded after 4-20-72) A written permit issued by
the enforcement officer permitting construction,
erection, alternation, remodeling, or repair of a
manufactured home park.
Bulletin board. (Signs) Any sign erected by a
charitable, educational or religious institution or public
body, which is erected upon the same property as
said institution, for purposes of announcing events
which are held on the premises. A bulletin board is
considered a manual reader board.
C
Caliper. (Parking and Loading) A measurement
of general tree size taken at a point located six inches
above natural ground or root ball surface.
Caliper. (Landscape Regulations) A
measurement of general tree size taken at a point
located six inches above natural ground or root ball
surface.
Canopied Slopes. (Tree Preservation and
Protection) Any land with a slope of 15% or greater
CD151:5
Fayetteville Code of Ordinances
containing trees, woody shrubs and herbaceous
plants that serve the function of sustaining the
structural integrity of the soil, thus reducing the
likelihood of erosion, slide or slump.
Canopy. (Tree Preservation and Protection) The
combined crowns of all trees on a tract of land.
Carport. An automobile shelter having one or
more sides open.
Center for collecting recyclable materials.
(Zoning) A facility that is not a salvage yard and in
which recoverable resources, such as paper products,
glass, aluminum, metal cans, and other products are
processed for recycling. Processing may include the
preparation of materials for efficient shipment by such
means as baling, compacting, flattening, grinding,
crushing and mechanical sorting.
Changeable reader board,. electronic. (Signs) A
changeable copy sign that displays, electronic,- non-
pictdrial; text 'information in which alphanumeric
characters and, punctuation marks are defined by
illumination' devices, such as, but not limited to, light
emitting diodes (LED), fiber optics, light bulbs, and
liquid.crystal display (LCD).
Changeable reader board, manual. (Signs) A
changeable copy, sign that is arranged manually in the
field through,ttie utilization of alphanumeric characters
and punctuation marks.
Chief administrator. (Building Regulations) The
mayor of the City of Fayetteville.
Chief appointing authority. (Building Regulations)
The City Council.
Chief building official. (Building Regulations)
Building Safety Division director.
Cistern. (Storwater) Roof water management
devices that provide retention storage volume in
above or underground storage tanks. They are
typically used for water supply. Cisterns are generally
larger than rain barrels, with some underground
cisterns having the capacity of 10,000 gallons. On -lot
storage with later reuse of stormwater also provides
an opportunity for water conservation and the
possibility of reducing water utility costs.
City. (Stormwater Management, Drainage and
Erosion Control) The City of Fayetteville, including
staff and elected officials, or designee.
City Engineer. (Stormwater Drainage and
Erosion Control) The city engineer or his appointed
representatives, including assigned staff engineers,
technicians and inspectors.
City of Fayetteville Landscape Manual. (Tree
Preservation and Protection) A document having
detailed instructions for preparing tree preservation
plans and standards and specifications for tree
protection, planting, maintenance and design.
City official. (Streets and Sidewalks) The mayor
(or other official designated by the mayor, and
authorized to issue the permits granted thereunder) of
the city.
City Planning Commission. (Manufactured
Homes and Parks) (Manufactured Homes and Parks
opened or expanded after 4-20-72) That commission
created for the city by Chapter 33.
Civic Building. Structure used primarily for public
education, cultural performances, gatherings and
displays administered by non-profit cultural,
educational, governmental, and religious
organizations.
Club or lodge. (Zoning) A building or portion of a
building used by an association for the promotion of
some common objective excepting clubs the chief
activity of which is a service customarily carried on as
a business.
Collector street. (Streets and Sidewalks) A street
which in addition to serving abutting properties,
intercepts minor streets, connects with community
facilities and carries neighborhood traffic to the major
arterial street system.
Co -location. (Wireless Telecommunications
Facilities) Locating wireless communications
equipment for more than one provider at a single
communications facility, on a building, or on an
alternative tower structure.
Colonnade. (DDOD) A roofed structure,
extending over the sidewalk, open to the street except
for supporting columns or piers.
Column. (DDOD) A supporting pillar usually
consisting of a round shaft, a capital, and a base.
Commercial development. (Tree Preservation
and Protection) Any development in an R-O,
Commercial or Industrial Zone and any conditional
use in any other zone which permits activities usually
conducted within an R-O, Commercial or Industrial
Zone.
Commercial driveway. (Streets and Sidewalks)
An entrance on public property or exit from any
commercial, business, or public establishment
adjacent to a public street or highway.
Commercial tree pruner/service. (Tree
Preservation or Protection) A person who performs
work on trees for profit.
CD151:6
TITLE XV UNIFIED DEVELOPMENT CODE
a double-faced sign shall be considered in
determining the display surface area.
District or zoning district. (Signs) A section or
sections of the incorporated area of the city for which
the then effective zoning ordinance governing the use
of buildings and land are uniform for each class of use
permitted therein. References to individual zoning
districts contained herein shall refer to the zoning
district established by the City Council in Chapter 160.
Disturb. (Physical Alteration of Land) To alter
the natural state.
Domed roof. (DDOD) A vaulted roof having a
circular, polygonal, or elliptical base and a generally
hemispherical or semispherical shape.
Dormitory. (Zoning) A building or group of
buildings designed or altered for the purpose of
accommodating students or members of religious
orders with sleeping quarters, with or without
communal kitchen facilities, and administered by
educational or religious institutions.
Drainage area. (Stormwater Management,
Drainage and Erosion Control) The watershed area
contributing surface and stormwater runoff to a
stormwater management system.
Dripline. (Tree Preservation and Protection) An
imaginary vertical line that extends downward from
the outermost tips of the tree branches to the ground.
Drive-in/drive-through restaurant (Zoning) Any
place or premises used for sale, dispensing, or
serving of food, refreshments, or beverages in
automobiles, including those establishments where
customers may serve themselves and may eat or
drink the food, refreshments or beverages on the
premises.
Dwelling, live/work. A dwelling unit within which
an at-home business is encouraged. Businesses are
limited to a maximum of two employees that do not
dwell in the principal or accessory dwelling unit.
Dwelling, manufactured home. (Zoning) A
detached residential dwelling unit designated for
transportation on streets or highways on its own
wheels or on flatbed or other trailers, and arriving at
the site where it is to be occupied as a dwelling
complete and ready for occupancy except for minor
and incidental unpacking and assembly operations,
location on jacks or other temporary or permanent
foundation, connection to utilities, and the like. A
travel trailer is not to be considered as a
manufactured home.
Dwelling, multi -family. (Zoning) A residential
building designed for or occupied by three or more
families, with the number of families in residence not
exceeding the number of dwelling units provided.
Dwelling, single-family attached / townhouse.
(Zoning) Two or more dwelling units located on
individual lots but joined along a single lot line. All
such dwellings must be totally separated from other
dwellings by a fire-resistant common wall.
Dwelling, single-family. (Zoning) A detached
residential dwelling unit other than a manufactured
home, designed for and occupied by one family only.
Dwelling, two-family / duplex. (Zoning) A detached
residential building containing two dwelling units,
designed for occupancy by not more than two families
and located on one lot of record.
Dwelling unit. (Zoning) One room, or rooms
connected together, constituting a separate,
independent housekeeping establishment for owner
occupancy, or rental or lease on a weekly, monthly, or
longer basis, and physically separated from any other
rooms or dwelling units which may be in the same
structure, and containing independent cooking and
sleeping facilities.
E
Easement. (Development) A grant by the
property owner to the public, a corporation or
persons, for the use of a strip of land for specific
purposes.
EIFS. (Exterior Insulating and Finish Systems).
(DDOD) A cement based synthetic material used as
an alternative to natural stucco.
Electronic graphic display screen, (Signs) A sign,
or portion of a sign that displays electronic images,
graphics or pictures, defined by matrix elements using
different combinations of light emitting diodes (LED),
fiber optics,.light bulbs, or other illumination. devices.
Electronic graphic displays include television screens,
plasma screens, digital screens, flat screens, LED
screens, LCD screens, video boards, holographic
displays, or other technologies of a similar nature.
Enforcement officer. (Manufactured Homes and
Parks) (Manufactured Homes and Parks opened or
expanded, 4-20-72) The chief building inspector of the
city, or his/her duly authorized representative.
Engineer. (Stormwater Management, Drainage
and Erosion Control) A professional engineer
registered in Arkansas, or other person exempted
pursuant to the provisions of the Arkansas Code
Annotated, who is competent in the fields of hydrology
and stormwater management.
CD151:9
TITLE XV UNIFIED DEVELOPMENT CODE
ieaanin,.
Yiootl.oY ,.ay
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Floodplain management. (Flood Damage
Prevention) The operation of an overall program of
corrective and preventive measures for reducing flood
damage, including but not limited to, emergency
preparedness plans, flood control works and
floodplain management regulations.
Floodplain management regulations. (Flood
Damage Prevention) Development code, building
codes, health regulations, special purpose ordinances
(i.e., grading ordinance and erosion control
ordinance) and other applications of police power.
The term describes such state or local regulations in
any combination thereof, which provide standards for
the purpose of flood damage prevention and
reduction.
Flood -proofing. (Flood Damage Prevention) Any
combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or
eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and
their contents.
Floodway. (Flood Damage Prevention) The
channel of a river, or other watercourse, and the
adjacent land area that must be reserved in order to
discharge the base flood without cumulatively
increasing the water surface elevation more than one
foot. Also referred to as "Regulatory floodway."
Floodway. (Stormwater Management, Drainage
and Erosion Control) The channel of a stream, plus
any adjacent floodplain areas that must be kept free
to encroachment so that the 100-year flood discharge
can be conveyed without increases of more than
specified amount in base elevations, either zero or
one foot depending on specific location. This is an
area of significant depths and velocities and therefore
due consideration should be given to the effects of fill
and loss of cross -sectional flow area is increased
water surface elevations.
Floor. (DDOD) A story within a building.
Forestation. (Tree Preservation and Protection)
The act of planting trees.
Foot candle. A unit of measurement referring to
illumination. One foot candle is equal to one lumen
uniformly distributed over an area of one square foot.
Fraternity or sorority house. (Zoning) A building
owned or leased by a general or local chapter of
some regularly organized college fraternity or sorority,
or by or on its behalf by a building corporation or
association composed of members or alumni thereof,
and occupied by the local chapter of such fraternity or
sorority as a place of residence.
Freestanding sign. (Signs) A sign which is
attached to or a part of a completely self-supporting
structure. The supporting structure shall be set finely
in or below the ground surface and shall not be
attached to any building or any other structure
whether portable or stationary.
Frontage Line. The property line or lines of a lot
which coincide with a right-of-way or other public
open space.
Front Yard Area. Front yard area shall mean the
area between the plane of the front elevation of the
principal fagade(s) of the principal structure extending
to the side property lines and the front property line
abutting the street, including the driveway. A front
shall be any plane of a building which abuts to a
public street right-of-way.
Functionally dependent use. (Flood Damage
Prevention) A use which cannot perform its intended
purpose unless it is located or carried out in close
proximity to water.
G
Gable. (DDOD) The vertical triangular end of a
building from cornice or eaves to ridge.
Gabled roof. (DDOD) A double sloping roof that
forms a gable at each end.
Gambrel roof. (DDOD) A roof where each side
has two slopes; a steeper lower slope and a flatter
upper one; a'bam roof.
Garage sales. (Zoning) An occasional sales
activity, not to include activities described elsewhere
as home occupations, but including activities
generally referred to as garage sales, yard sales,
rummage sales, white elephant sales, cleaning sales,
or moving sales, where used goods are displayed or
offered for sale to the general public in a residential
area on the resident's premises.
CD151:11
TITLE XV UNIFIED DEVELOPMENT CODE
expanded, 4-20-72) The legally designated health
authority of the city or his authorized representative.
Height. (Airport Zone) Sea level elevation,
unless otherwise specified.
Height. (Hillside/Hilltop Overlay District) Building
height shall be measured from the lowest point of the
structure at the historic grade, prior to development,
to the highest point of the structure. If the structure is
located on a graded pad then the height of the
building is measured from the historic grade.
Height. (Wireless Telecommunications Facilities)
The vertical distance measured from the mean
elevation of the finished grade to the highest point on
the tower or other structure, even if said highest point
is an antenna or antenna array.
Highest adjacent grade. (Flood Damage
Prevention) The highest natural elevation of the
ground surface prior to construction next to the
proposed walls of a structure.
Hillside/Hilltop Development Manual. (Zoning)
The best management practices document that
supplements the Hillside/Hilltop Overlay District and
illustrates desirable Hillside/Hilltop development
practices.
Hillside/Hilltop Overlay District. (Zoning) Lands
located within the City that generally have slopes in
excess of 15 %. The Hillside/Hilltop Overlay District is
shown on the City's official zoning map. The
development regulations in the Hillside/Hilltop Overlay
District supercede the underlying zoning district.
Hilltop. Hillside/Hilltop Oveday District) Land
located above the Hilltop line which contains less than
15% slope and is completely surrounded by
Hillside/Hilltop < 15% slope.
Hipped roof. (DDOD) A roof with slopes on all
four sides. The "hips" are the lines formed when the
slopes meet at the comers.
Historic discharge or volume. (Stormwater
Management, Drainage and Erosion Control) The
peak rate or volume at which stormwater runoff
leaves a parcel of land in an undisturbed/natural site
condition either by gravity or by the legally allowable
discharge at the time of permit approval.
Historic grade. (Zoning) The natural grade of the
land prior to any development.
Historic Structure. (Flood Damage Prevention)
Any structure that is:
(A) Listed individually in the National Register of
Historic Places (a listing maintained by the
Department of Interior) or preliminarily
determined by the Secretary of the Interior
as meeting the requirements for individual
listing on the National Register;
(B) Certified or preliminarily determined by the
Secretary of the Interior as contributing to
the historical significance of a registered
historic district or a district preliminarily
determined by the Secretary to qualify as a
registered historic district; or
(C) Individually listed on a state inventory of
historic places which has been approved by
the Secretary of the Interior.
Home occupation. (Zoning) An occupation,
profession or avocation conducted in a dwelling unit
on a part-time or full-time basis for which financial
compensation is received and which generates motor
vehicle traffic to the dwelling unit by patrons or clients
of the occupation, profession or avocation conducted
therein. A nontraffic generating occupation,
profession or avocation conducted in a dwelling unit
by one or more members of the family occupying the
premises shall be considered a residential use and
not a commercial use. The term home occupation
shall include a child care facility handling not more
than six children at one time.
Horizontal surface. (Airport Zone) A horizontal
plane 150 feet above the established airport
elevation, the perimeter of which in plane coincides
With the perimeter of the horizontal zone.
Horsepower. (Building Regulations) The
equivalent to 745 watts.
Housing Board. (Manufactured Homes and
Parks) (Manufactured Homes and Parks opened or
expanded, 4-20-72) The Housing Board established
by the city.
House, lodging or rooming. (Zoning) A dwelling
or building where lodging is provided for two or more
persons for compensation, pursuant to previous
arrangements, but which is not available to transients
and with which no table board is furnished.
Hydroseed. (Physical Alteration of Land) A
machine blown mixture of mulch, see and sometimes
fertilizer.
Illuminance. The photometric quantity most
closely associated with the perception of brightness
and a,measurement of the intensity of light falling on a
surface at a given distance from the light source.
Illuminated sign. (Signs) Any sign which has
characters, letters, figures, designs or outline
CD151:13
Fayetteville Code of Ordinances
recorder or a lot or parcel described by metes
bounds, the description of which has been so
recorded.
Lowest floor. (Flood Damage Prevention) The
lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure,
usable solely for parking of vehicles, building access
or storage in an area other than a basement area is
not considered a building's lowest floor; provided, that
such an enclosure is not built so as to render the
structure in violation of the applicable nonelevation
design requirements of this chapter.
Lumen. A unit of luminous flux. One foot candle
is one lumen -per square,foot
Luminaire or Fixture (Outdoor Lighting) means a
complete lighting unit including the lamps or bulbs,
together with the parts required to distribute the light,
to position and protect the lamps, and to connect the
lamps to the power supply.
M
Major developments. (Development) A suburban
or urban major development shall be a large scale
development or subdivision that satisfies either of the
following conditions:
(A) It contains 40 acres or more.
(B) It contains 100 housing units or more.
Whether or not it is planned in one or more
phases, the total possible development shall be
considered when its first stage, phase, or parcel is
presented for review.
Mall. (Signs) Any concentration of retail stores
and/or service establishments which share customer
parking areas and are located within an enclosure
having public walkways whereby a customer in one
store or establishment may walk to another store or
establishment without leaving the enclosure.
Mansard roof. (DDOD) A roof type with two
slopes on each of the four sides, the lower slope
being steeper than the other; capped off with a
cupola, typically Victorian.
Manufactured home. (Flood Damage
Prevention) A factory -built, single-family structure that
meets the National Manufactured Home Construction
and Safety Standards Act (42 U.S.C. § 5401),
commonly known as the HUD (U.S. Housing and
Urban Development) code. For floodplain
management purposes the term also includes park
trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive
days. For insurance purposes the term
"manufactured home" does not include park trailers,
travel trailers, and other similar vehicles.
Manufactured home. (Manufactured Homes and
Parks) A home built entirely in the factory under a
federal building code, administered by the U.S.
Department of Housing and Urban Development
(HUD), which went into effect June 15, 1976.
Manufactured home. (Manufactured Homes and
Parks opened or expanded after 4-20-72) A detached
structure designed as a complete residential dwelling
unit with a permanent chassis and capable of being
transported on its own wheels, or on a trailer, and
constructed to be ready for use upon being placed on
a temporary or permanent foundation.
Manufactured home lot. (Manufactured Homes
and Parks opened or expanded after 4-20-72) A plot
of ground or a lot in a manufactured home park
designed for the location for only one manufactured
home.
Manufactured home pad. (Manufactured Homes
and Parks opened or expanded after 4-20-72) That
part of an individual manufactured home lot which has
been reserved for the placement of a manufactured
home.
Manufactured home park. (Manufactured Homes
and Parks) Any plot of ground of at least one acre in
size upon which two or more manufactured homes,
occupied for dwelling or sleeping purposes, are
located.
Manufactured home park. (Manufactured Homes
and Parks opened or expanded after 4-20-72) Any
park, court, site, parcel or tract of land designed,
maintained intended or used for the purpose of
supplying a location or accommodations for two or
more manufactured homes and shall include all
buildings used or intended for use as part of the
equipment thereof; whether or not a charge is made
for the use of the court and its facilities.
Manufactured home park or subdivision. (Flood
Damage Prevention) A parcel (or contiguous parcels)
of land divided into two or more manufactured home
lots for sale or rent.
Manufactured home space. (Manufactured
Homes and Parks) A plot of ground within a
manufactured home park, designed for the
accommodation of one manufactured home.
Manufactured homes and trailer sales lot.
(Manufactured Homes and Parks opened or
expanded after 4-20-72) A lot on which unoccupied
trailers are parked for purposes of inspection and
sale.
CD151:16
Fayetteville Code of Ordinances
CHAPTER 174: SIGNS
174.08 Prohibited Signs
(i) Electronic message boards may
change their message every three
(A) Spot lights and beacons. It shall be unlawful for
hours without violating the
any person to continue in operation or erect any
prohibition of flashing or blinking.
attraction device or sign which contains a beacon
Transitions between messages
of any type and/or contains a spot light providing
shall be instantaneous:
direct illumination to the public.
(2) ElectroMc graphic display screens. It shall ,be
(B) Fluctuating illumination. It shall be unlawful for
unlawful to erect any electronic graphic display
any person to erect additional attraction devices
screen.
or signs or to continue in operation an attraction
device or sign which flashes, blinks, or is
(C) Portable swinger or temporary attraction sign
animated. Illumination of attraction devices or
boards. It shall be unlawful for any person to
signs located in the city that fluctuates in light
continue to display or erect any portable. -reader
intensity shall be prohibited.
board, portable swinger, "A" frame, sandwich, or
temporary attraction sign board in the city, except
(1) Electronic message boards. Electronic
under the following conditions:
message boards may be permitted subject to
the following conditions:
(1) One (1) freestanding, "A" frame sandwich /
menu board for a single permitted eating
(a) District limitations. Electronic message
establishment may be permitted on a
boards are prohibited in all residential
commercially zoned lot or on the adjacent
districts, including Neighborhood
public or private sidewalk in front of the
Conservation. They are allowed only in
respective business for the duration of the
institutional, office, industrial and
business' hours of operation. The temporary
commercial zoning districts, or mixed
sign shall be removed and placed inside
use districts with nonresidential uses,
after business hours.
but in no case ever allowed in the
Neighborhood Services or 1-540
(2) The sign shall be placed such that the
Districts
sidewalk remains ADA compliant, and for
signs located on the public sidewalk there
(b) Size. The maximum sign area of the
shall be a minimum of five feet of the total
electronic portion of an electronic
sidewalk width free and clear, to provide
message board shall not exceed 32
adequate and unobstructed pedestrian
square feet.
movement.
(c) Display. Messages shall be displayed
(3) The permitted sign shall only advertise for
on a black or unlit background.
the adjacent eating establishment, and is to
be utilized for display of menu items or
(d) Dimming and brightness. Signs shall be
advertised specials. The sign may not be
equipped with dimming technology that
utilized for product placement or to advertise
automatically adjusts the display
for other commercial or business
brightness based on ambient light
establishments.
conditions. The sign shall not exceed
0.3 foot candles illumination above
(4) The size of the sign shall be limited to 36" tall
ambient light level.
by 24" wide.
(a) Copy. Electronic message boards using
(5) No sign may be displayed or erected that
flashing, intermittent or moving light or
swings, rotates, flashes, fluctuates, or is
lights are prohibited., provided,
illuminated, or in any other manner that
hGW@V6F, that eIGGtFenic message
would violate the provisions of §174.08.
temperatwe 1549F pegeds of Rot less than
There shall be
no appearance of visual dissolving,
fading, movement, animated text, video,
or flow of message. €le&enis message
boards displaying silly tiMS andAaF
WrAperatwe for periods of nGt leer thap
20 seconds AM PBFMI#@d.
CD174:2
RECEIVED
JAN 2 4 2013
CITY CLERK'S FAYETTEVILLENORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEWSPME-Dc
THE MORNING NEWS OF S TIMES
LLC
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479,442.1700 1 W'WW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Karen Caller, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas
Newspapers, LLC, printed and published in Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance No. 5559
Was inserted in the regular edition of
The Northwest Arkansas Times
on: January 10, 2013
Publication Costs: $ 155.64
Karen Caller
Subscribed and sworn to before me
This 1D day of 4a/�-) , 2013.
QLA,WW '
Notary Public
My Commission Expires.-- Lk"k
�r�l ""'="°w
CATHY J. NLES
fienton Ccuniy
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.
My Commission Expires )
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Febsuary'2J 2 4
„yy„s'ajr _sue
r a�,,,y..tii
ORDINANCE NO. 5559
,AN ORDINANCE ,TO •AMEND §751.07 t
DEFINITIONS' AND "§174.08 PROHIBITEDFavaSIGNS; OP 7NE 'LINIFIED DEVELOPMENT
1
=CODE DTI WFAYETTEVILLEOONRNIN TO: CLARIFY asxewsA
REGULATION$- CONCERNING ELECTRONIC --
=MESSAGE BOARDS.,„ r ,
WHEREAS, changing technology has created the need to clarity the type and illu-
minafion power of electronic message boards to continue to protect aesthetic and
traffic safety concerns of our City,, while still permitting electronic message boards
similar t, thosealieedy installed by commercial business in Fayetteville to continuei:Moperate",and'CorxOnye to 6e;Rerrnnted in thefirture:'and_.,A
•;WHEREAS, electrogiC,grephiecJ,een signs which have appeared along I "40;gSTtl
elsewhere inneIg ring dies are so bdght and distracting that filar' create sub- <
stantlelI increased traffic safely dangeis,.eesthebc degradations of the vicinity,: and
unfairty tliminish the usefulness and visibility of nelghbortng signs
NOW, THE" ; BE IT ORDAINED BY THE CITY COUNCIL,OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
Section 1;.T(1 lithe CItyTCouncit of the City of Fayetteville, Arkaneas hereby
amends the deflhdion of Bulledn Board of §151.01 of the Un01 Developmem
.Code by adding he followingaeMence at the conclusion of the definnlon d but- .k
fetln boats{sop�efede'rhegf�al message 6gezd,", r 'i „
- 6ection 2 ipet�re GI(y Codrlc0 of the City of FayeHewlle, Arkansas hereby,(uc_
iher amentls'§1 1'1)� of the Unifietl Development Cotle by atlk3ptIng the fdl}dieing,
deflniticns c'��s' " - '-
Elecponk r)iessagsDigtFd. �i8lgns) A ohangeahle copy sgn tays• ..
electronic, non piotoriel; tent°information in which alphanumedc'charectern
entlrpunctuatbn merks';are befined by illumination tlevices such,ss,
not limfietl to,^s1lghFefnit0ng tllodea (LED), fiber optics, light bu�ba wand liquid_
Crystal diap(ay (LCD).
"Menus/ message board. (Signs) ti changeable copy sick hat is:anangadi =
manually i n,ma marks.
throughahe utilization :of alphanumeric che(acters
punctuation, marlo.
5@`ebbn7c grapfila dispoy screen. (Signs) A sign or portion oTi'a sign thin, r
displays electronic images, graphics or pictures, defined by matrix elements.
using differentcombinations: of light emitting diodes (LED), fiber optcs Iight
bulbs, droth& illurbinatlon devices:' Electronic graphic displays include tMe-r:: :
vision, screens plasma screens, digual screens, flat screens LED scrgeris,
'CD screens; video boerda,'holdgraphic displays, or other technologles of '
a awler nafure
"Foptcand/e. Aunit of measurement referring to illumination. One foot candle.', ,
` Is equal to one lumen•un8pnnly distributed over an area of one square'foot.
' "llluminance fie pfnrtomeMdquenthy mosPclosely assooiatetl wjlh;he per-� � "
-„ ceptlon of brghtness and a measurement of the intensity of 119ht felflng on a,
suo9 at a given dlstanbe fro the light source
rfe
=Section S.-'�=That the City Council of the City' of Fayetteville; Arkansas hereby"
repeals §174.(IpjO) of the Unified Development Code and enacts a replacement
"shown as Exhibit Waflached hereto and made a part hereof. '
Section'4p. That the City Council of the City of Fayetteville;: Arkansas hereby
amends §174.08(C) of the Unified Development Code by adding porlablemeB.,
sage bkl,Aid" sea type of tempprary attraction sign board...
'PAS�Ed and A7PR01%ED this 9rd tlay of January, 2013.
'.APPROVEDr ".' ATTEST:':
AY, , . By.
LIONELD JORDAN, Mayor SONDRAE. SMITH, City .CIerWTreesutar
�
Exhblts'for` lthis ordin�nce may be viewed inthe•of ce of the City CIerWReaeurer