HomeMy WebLinkAboutOrdinance 5692ORDINANCE NO. 5692
AN ORDINANCE TO AMEND § 174.08 PROHIBITED SIGNS (C)
PORTABLE SWINGER OR TEMPORARY ATTRACTION SIGN BOARDS TO
ALLOW MORE FREESTANDING "A" FRAME SANDWICH/MENU SIGN
BOARDS
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 §
174.08 Prohibited Signs (C) Portables swinger or temporary attraction sign boards, subsection
(1) and (3) so that (C) (1) and (3) shall read as follows:
"(1) One (1) freestanding, "A" frame sandwich/menu board may be permitted on
a commercially zoned lot or on the adjacent public or private sidewalk in front of
the respective business for the duration of the business' hours of operation. The
temporary sign shall be removed and placed inside after business hours.
(3) The permitted sign shall only advertise for the adjacent establishment. The
sign may not be utilized for product placement or to advertise for other
commercial or business establishments."
PASSED and APPROVED this P day of June, 2014.
APPROVED:
By
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ATTEST:
By: �e_ At ,aL
SONDRA E. SMITH, City Clerk/Treasurer
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AGENDA REQUEST
FOR: COUNCIL MEETING OF June 3, 2014
FROM:
CITY COUNCIL MEMBER Matthew Petty
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 174.08 PROHIBITED SIGNS (C) PORTABLE
SWINGER OR TEMPORARY ATTRACTION SIGN BOARDS TO ALLOW MORE
FREESTANDING "A" FRAME SANDWICH/ MENU SIGN BOARDS
APPROVWZFOR AGENDA:
Mem
City A ney KiMilliams
(as to form)
Petty
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Date
Date
191
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
FROM: Kit Williams, City Attorney
DATE: May 14, 2014
Kit Williams
City Attorney
Slake Pennington
Assistant City Attorney
Patti Mulford
alegal
RE: Expanding the use of "A" frame sandwich/menu board signs to all
businesses rather than only restaurants
Alderman Petty wishes to amend the Sign Ordinance in order to
expand a fairly recent exception to the Prohibited Sign section of the Sign
Ordinance which a few years ago allowed the use of an "A" frame
sandwich/ menu board sign on the sidewalk next to an "eating
establishment." His new wording would expand the allowed use to all
businesses.
Attached is the proposed ordinance to amend the Sign Ordinance to
effectuate Alderman Petty's suggested amendment.
1
ORDINANCE NO.
AN ORDINANCE TO AMEND § 174.08 PROHIBITED SIGNS (C)
PORTABLE SWINGER OR TEMPORARY ATTRACTION SIGN BOARDS TO
ALLOW MORE FREESTANDING "A" FRAME SANDWICH/MENU SIGN
BOARDS
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 §
174.08 Prohibited Signs (C) Portables swinger or temporary attraction sign boards, subsection
(1) and (3) so that (C) (1) and (3) shall read as follows:
"(1) One (1) freestanding, "A" frame sandwich/menu board may be permitted on
a commercially zoned lot or on the adjacent public or private sidewalk in front of
the respective business for the duration of the business' hours of operation. The
temporary sign shall be removed and placed inside after business hours.
(3) The permitted sign shall only advertise for the adjacent establishment. The
sign may not be utilized for product placement or to advertise for other
commercial or business establishments."
PASSED and APPROVED this 3rd day of June, 2014.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Williams, Kit
From: Pate, Jeremy
Sent: Wednesday, May 14, 2014 1:48 PM
To: Matthew Petty - Fayetteville Ward 2; Williams, Kit
Cc: Garner, Andrew
Subject: RE: Amending 174.08(C)
The Planning Division very much supports the proposed change.
-Jeremy
From: matt@matthewpetty.org [mailto:matt@matthewpetty.org] On Behalf Of Matthew Petty - Fayetteville Ward 2
Sent: Wednesday, May 14,2014 1:43 PM
To: Williams, Kit
Cc: Garner, Andrew; Pate, Jeremy
Subject: Amending 174.08(C)
Hi Kit,
I am going to propose amending 174.08(C) so that all types of businesses may use a temporary sign. Draft
below. Would you please draw up the ordinance for me?
Thanks,
M
New
C) Portable swinger or temporary attraction sign boards. It shall be unlawful for any person to continue
to display or erect any portable swinger, portable message board, "A" frame, sandwich, or temporary
attraction sign board in the city, except under the following conditions:
(1) One (1) freestanding, "A" frame sandwich / menu board
estabiisMrr,en+ may be permitted on a commercially zoned lot or on the adjacent public or private
sidewalk in front of the respective business for the duration of the business' hours of operation. The
temporary sign shall be removed and placed inside after business hours.
(2) The sign shall be placed such that the sidewalk remains ADA compliant, and for signs located
on the public sidewalk there shall be a minimum of five feet of the total sidewalk width free and
clear, to provide adequate and unobstructed pedestrian movement.
(3) The permitted sign shall only advertise for the adjacent eating establishment, and is to be
utilized for display of menu items or adyeFtise d speGials. The sign may not be utilized for product
placement or to advertise for other commercial or business establishments.
(4) The size of the sign shall be limited to 36" tall by 24" wide.
(5) No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is illuminated, or in
any other manner that would violate the provisions of §174.08.
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TITLE XV UNIFIED DEVELOPMENT CODE
(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 (D)
ambient light level.
(e) Copy. Electronic message boards using
flashing, intermittent or moving light or
lights are prohibited. There shall be no (E)
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.
(C) Portable swinger or temporary attraction sign
boards. It shall be unlawful for any person to
continue to display or erect any portable swinger,
portable message board, "A" frame, sandwich, or
temporary attraction sign board in the city, except
under the following conditions:
(1) One (1) freestanding, "A" frame sandwich /
menu board for a single permitted eating
establishment may be permitted on a
commercially zoned lot or on the adjacent
public or private sidewalk in front of the
respective business for the duration of the
CD174:7
business' hours of operation. The temporary
sign shall be removed and placed inside
after business hours.
(2) The sign shall be placed such that the
sidewalk remains ADA compliant, and for
signs located on the public sidewalk there
shall be a minimum of five feet of the total
sidewalk width free and clear, to provide
adequate and unobstructed pedestrian
movement.
(3) The permitted sign shall only advertise for
the adjacent eating establishment, and is to
be utilized for display of menu items or
advertised specials. The sign may not be
utilized for product placement or to advertise
for other commercial or business
establishments.
(4) The size of the sign shall be limited to 36" tall
by 24" wide.
(5) No sign may be displayed or erected that
swings, rotates, flashes, fluctuates, or is
illuminated, or in any other manner that
would violate the provisions of §174.08.
Revolving, rotating, or moving signs. It shall be
unlawful for any person to erect or to continue
using any sign on the exterior of which revolves,
rotates or otherwise moves, in whole or part.
Windblown signs. It shall be unlawful for any
person to display any windblown sign; provided,
windblown signs may be displayed on a lot, at a
shopping center, or at a mall one time per year
for a period not to exceed 72 hours if a temporary
sign permit is first obtained from the Planning
Division upon payment of the appropriate fee;
provided further, one company flag shall be
permitted to be flown in conjunction with the
United States Flag or Arkansas Flag or both on a
lot, at a shopping center, or mall.
(F) Signs that constitute a traffic hazard. No sign or
other advertising structure as regulated by this
chapter shall be erected at the intersection of any
street in such a manner as to obstruct free and
clear vision; or at any location where, by reason
of the wording, position, shape, or color, it may
interfere with, obstruct the view of or be confused
with any authorized traffic sign, signal or device.
(G) Use of vehicle as sign. It shall be unlawful to use
a vehicle or a trailer as a sign in circumvention of
this chapter.
(H) Off -Site Signs. It shall be unlawful to erect any
off-site sign. '
Roof Signs. Roof signs shall not be permitted
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AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5692
Was inserted in the Regular Editions on:
June 12, 2014
Publication Charges: $ 71.34
Karen Caler
Subscribed and sworn to before me
This 19 day of , 2014.
UL
Notary Public
My Commission Expires: *0tZ� -
i
CATHY WILES
Arkansas • Benton County
Notary Public • Comm# 12397118
My Commission Expires Feb 20, 2024
RECEIVED
JUN 2014
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.