HomeMy WebLinkAbout55-09 RESOLUTIONRESOLUTION NO. 55-09
A RESOLUTION TO APPROVE A RESIDENTIAL ENERGY
EFFICIENCY PROGRAM PARTICIPATING HOME SIGN
PURSUANT TO § 174.03 (F) OF CHAPTER 174: SIGNS OF THE
UNIFIED DEVELOPMENT CODE.
WHEREAS, the City of Fayetteville desires to promote sustainability and energy efficiency in
home construction; and
WHEREAS, the City Council passed Resolution No. 206-08 to accept a $2,500.00 grant from
the Arkansas Energy Office to promote participation in the Residential Energy Efficiency Program; and
WHEREAS, 100 signs promoting the Residential Energy Efficiency Program and advising
potential buyers that the home includes energy efficient methods and features were purchased with the
grant; and
WHEREAS, the City Council has determined that this 18"x24" municipal, non -advertising sign
is appropriate to be placed on the lot where the builder is participating in the Residential Energy
Efficiency Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARICANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the
18"x24" municipal, non -advertising sign (a reduced size, paper example of which is attached as Exhibit
as exempt pursuant to § 174.03 (F) under the following conditions:
1. The home builder must be participating in the Residential
Energy Efficiency Program in the home construction on that
lot.
2. One of these signs may be placed (minimum 10 feet set back
from street right-of-way) on the lot at the beginning of the
house construction through the initial sale of a residence.
The sign must be removed and returned to the City within 72
hours following the closing of the sale of the house.
3. The sign may not be illuminated and must be supported by a
wire stand.
4. This municipal sign shall be in addition to any other signs
the landowner may have the right to display.
PASSED and APPROVED this 3rd day of March, 2009.
ATTEST:
By:
SO Ethfm(41,-) QTA4tAcit
E. SMITH, City Cler reasurer
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Steve Cattaneo
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
33/2009
City Council Meeting Date
Agenda Items Only
Building Safety
Division
Action Required:
313/sof
55- og
pated-
24:31-nni!---
5.41-0
Operations
Department
Council action approving a resolution allowing a sign announcing participation in the Fayetteville Residential Energy
Efficiency Program - per Ch. 174.3 (F): Traffic signs, etc. of the Unified Development Code.
n/a
Cost of this request
n/a
Account Number
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Project Number
Budgeted Item
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Category / Project Budget
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Funds Used to Date
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Remaining Balance
Budget Adjustment Attached
n/a
Program Category / Project Name
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Program / Project Category Name
n/a
Fund Name
4301 cx
Fin nce and Internal Services Director
9 21at?
15-00
Date
-01
Date
ate
4g9,
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
n/a
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Received in City
Clerk's Office
1914-4
22_01-0g
Received in
Mayor's Office
Comments:
Revised January 15,2009
RESOLUTION NO.
A RESOLUTION TO APPROVE A RESIDENTIAL ENERGY
EFFICIENCY PROGRAM PARTICIPATING HOME SIGN
PURSUANT TO §174.03 (F) OF CHAPTER 174: SIGNS OF
THE UNIFIED DEVELOPMENT CODE
WHEREAS, the City of Fayetteville desires to promote sustainability and energy efficiency in
home construction; and
WHEREAS, the City Council passed Resolution No. 206-08 to accept a $2,500.00 grant from
the Arkansas Energy Office to promote participation in the Residential Energy Efficiency Program; and
WHEREAS, 100 signs promoting the Residential Energy Efficiency Program and advising
potential buyers that the home includes energy efficient methods and features were purchased with the
grant; and
WHEREAS, the City Council has determined that this 18"x24" municipal, non -advertising sign
is appropriate to be placed on the lot where the builder is participating in the Residential Energy
Efficiency Program.
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 approves the
18"x24" municipal, non -advertising sign (a reduced size, paper example of which is attached as Exhibit
as exempt pursuant to § 174.03 (F) under the following conditions:
1. The home builder must be participating in the Residential
Energy Efficiency Program in the home construction on that lot.
2. One of these signs may be placed (minimum 10 feet set
back from street right-of-way) on the lot at the beginning of the
house construction through the initial sale of a residence. The sign
must be removed and retumed to the City within 72 hours
following the closing of the sale of the house.
3. The sign may not be illuminated and must be supported by a
wire stand.
4. This municipal sign shall be in addition to any other signs the
landowner may have the right to display.
PASSED and APPROVED this 17th day of February, 2009.
APPROVED: ATTEST:
By By:
LIONELD JORDAN, Mayor SONDRA E. SMITH. City Clerk/Treasurer
CITY COUNCIL AGENDA MEMO
To: City Council
Thru: Lioneld Jordan, Mayor
Don Marr, Chief of Staff
From: Steve Cattaneo, Building Safety Director
Date: February 11,2009
Subject: Resolution approving signs for the Fayetteville Residential Energy Efficiency
Program per Ch. 174.3 (F): Traffic signs, etc. of the Unified Development Code
RECOMMENDATION
Staff recommends approval of a resolution to approve one sign per home announcing
participation in the Residential Energy Efficiency Program. The sign is 18" x 24";
nonilluminated and supported by a wire stand. It must be set back a minimum of 10 feet
from the street and must be removed within 72 hours following the close (sale) of the
property on which it is located. These signs were purchased using grant money from the
Arkansas Energy Office for the purpose of promoting participation in the program.
BACKGROUND
The City Council accepted the $2500 grant from the Arkansas Energy Office in Nov. 2008
for the purpose of promoting participation in the Residential Energy Efficiency Program.
(Resolution No. 206-08) The ad-hoc committee that developed the program recommended
yard signs as one of the accolades to builders who choose to participate. The committee
approved the design of these signs to be distributed by the Building Safety Division. 100
signs were purchased which are expected to last 1-2 years. There is no additional funding in
place for more signs although we may seek another grant at a later date as the need arises.
Builders are being asked to return the signs so they may be reused or recycled.
DISCUSSION
Staff was made aware by the Planning Division that the signs may be in violation of the Sign
Ordinance. The intent of this resolution is to clairify that the City Council approves the use
of these signs during construction and up until the home is sold. The limitations on the
placement and usage of these signs are similar to what is permitted for real estate signs.
BUDGET IMPACT
None.
Fayetteville Code of Ordinances
CHAPTER 174: SIGNS
174.01 General Regulations
(A) Permit required. It shall be unlawful for any
person to erect, repair, alter, relocate or keep
within the city any sign or other advertising
structure except as exempted herein without first
obtaining a sign permit from the Zoning and
Development Administrator or designee.
(B)
Illuminated signs. All illuminated signs shall, in
addition, be subject to the provisions of the
electrical code, and the permit fees required
thereunder.
(C) Fees. Every applicant, before being granted a
permit hereunder, shall pay to the Zoning and
Development Administrator's Office the permit
fee set forth in Chapter 159.
(D) Maintenance of premises. All freestanding signs
and the premises surrounding the same shall be
maintained by the owner thereof in a clean,
sanitary, and inoffensive condition, and free and
clear of all obnoxious substances, rubbish and
weeds.
(Code 1965, §§17B -3(a), (c), (e), 4(b); Ord. No. 1893, 12-19-
72; Ord. No. 2198, 2-17-76; Ord, No. 2790, 1-18-82; Code
1991, §§158.05, 158.20, 158.22, 158.24, 158.38; Ord.
No.3925. §4, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98:
Ord. 4972, 1-16-07)
174.02 Permit Application/Issuance
(A) Application. Applications for initial sign permits
shall be made upon forms provided by the Zoning
and Development Administrator and shall contain
or have attached thereto the following
information:
(1) Applicant identification. Name, address and
telephone number of the applicant.
(2) Location. Location of building, structure, or
lot to which or upon which the sign or other
advertising structure is to be attached or
erected.
(3)
Position. Position of the sign or other
advertising structure in relation to nearby
buildings or structures.
(4) Blueprintsldrawings. Two blueprints or ink
drawings of the plans and specifications and
method of construction and attachment to
the building or in the ground.
Person erecting structure. Name of person,
firm, corporation, or association erecting
structure.
(5)
(B)
(6)
Consent of owner. Written consent of the
owner of the building, structure, or land to
which or on which the structure is to be
erected.
(7) Electrical permit. Any electrical permit
required and " issued for said sign.
Application requesting electrical permit for
proposed sign must accompany sign
application.
(8) Full Compliance With Applicable Code
Provisions. If the proposed sign is subject to
the provision's of the Commercial Design
Standards (§166.14), Design Overlay District
(§161.21), Certificate of Zoning Compliance
or other code provisions, the applicant must
show full compliance with all applicable code
provisions, including necessary approvals by
responsible bodies such as the Planning
Commission.
Issuance of sign permit. It shall be the duty of
the Zoning and Development Administrator or
designee, upon the filing of an application for an
erection permit, to examine such plans and
specifications and other data and the premises
upon which it is proposed to erect the sign or
other advertising structure, and if it shall appear
that the proposed structure and sign are in full
compliance with all the requirements of this
chapter and all other laws and ordinances of the
city, he shall within five business days issue the
sign permit. If the Zoning and Development
Administrator or designee fails to reject a
completed sign application (that purports to show
full compliance with all code requirements) within
ten business days of its submission by written
explanation of why such application fails to meet
all code requirements, the sign application shall
be deemed approved and a sign permit shall be
immediately issued to the applicant. If the work
authorized under a sign permit has not been
completed within six (6) months after date of
issuance, the said permit shall become null and
void.
(C) Appeals of Sign Permit Denials. All decisions and
interpretations of the Zoning and Development
Administrator under this Chapter shall be
considered final administrative actions for the
purpose of the appeals set forth at § 155.01.
(Ord. No. 1965. §178 3(b), (d): Ord. No, 1893, 12-19-72:
Ord. No, 2198. 2-17-76; Code 1991, §§158.21; 158.23; Ord.
No. 4100, §2 (Ex. A). 6-16-98; Ord. 4652, 12-07-04; Ord.
4972. 1-16-07)
174.03 Exemptions
Exemptions shall not be construed as relieving the
owner of such signs from the responsibility of
CD174:2
TITLE XV UNIFIED DEVELOPMENT CODE
complying with certain applicable provisions of this
chapter. The exemptions shall apply to the
requirement for a sign permit. No sign permit shall be
required for the erection of the following signs which
are hereby authorized to be erected in compliance
with the listed conditions:
(A) Professional name plates. Professional name
plates erected flat on walls of building and not
exceeding four (4) square feet of display surface
area.
(8) Building construction signs. One on-site building
construction sign on each construction site in any
zoning district, provided that maximum display
surface area shall be eight (8) square feet or less
in R zoning districts: 32 square feet or less in
other zoning districts.
Real estate signs. On a lot in any district, there
may be erected one on-site unanimated real
estate sign while the lot is for sale. Provided
further, such signs shall be limited to wall signs,
freestanding signs or platform signs; and
freestanding signs or platform signs shall be set
back a minimum of 10 feet from the street. Real
Estate signs shall be removed within 72 hours
following the closing (sale) of the property on
which it is located. The permitted illumination
and maximum display surface area for a real
estate sign shall be as follows:
(C)
District
Permitted
Illumination
Area (Sq. Ft.)
RA
Nonilluminated
32
R, R-0
Nonilluminated
8
P1C and I
Illuminated
32
(D) Home occupation signs. Home occupation signs
erected flat against the wall and not exceeding
three (3) square feet.
(E) Memorial signs, name signs. Memorial signs or
tables, names of buildings and date of erection
when cut into any masonry surface or when
constructed of bronze or other incombustible
Traffic signs, etc. Traffic or other municipal
signs, legal notices, railroad crossing signs,
danger, and such temporary, emergency or
nonadvedising signs as may be approved by the
City Council
(G) Posting bills, repainting signs. Posting of bills on
signs, repainting of signs, or the changing of
letters or numbers on signs designed for
changeable lettering or numbering which were
legally erected and maintained for such
purposes.
(H) Non -Commercial Signs. Non -Commercial signs
that do not advertise a product or service for
profit or for a business purpose, do not propose a
commercial transaction nor relate primarily to
economic interests are permitted to be placed on
private property in any zoned district subject to
the following conditions:
(1)
Districts where signs not otherwise
permitted. In districts where signs are not
otherwise permitted, one political or religious
non-commercial sign may be erected subject
to the same limitations of real estate signs.
(2) Districts where signs are permitted. In
districts where signs are otherwise
permitted, non-commercial signs may be
placed over or substituted for the permitted
comrnercial sign.
(3) Al) districts. In addition to the
noncommercial sign allowed above, sixty
(60) days prior to a general or primary
election, a property owner may display one
political sign (not to exceed eight square
feet) for each candidate, referendum or
inifiative issue the property owner wishes to
support. All such signs, except those
relating to a candidate in a run-off election,
shall be removed within three (3) days of the
general or primary election. All remaining
political signs except the sign allowed in
subsection (1) shall be removed within three
(3) days of the run-off election.
(I) Time and temperature displays. Time and
temperature displays without advertising matter,
may change their illuminated time and
temperature displays as often as reasonably
necessary to provide accurate and convenient
information to observers without being
considered to be in violation of 074.08 B.
Fluctuating Illumination.
(J) Banners. Public event, special sales event, and
election campaign banners (not to exceed 3 x
30') and large election campaign signs (not to
exceed 32 square feet) may be installed under
the following terms and conditions:
(1) Election campaign banners and large signs.
(a) Residential zones including
Neighborhood Conservation, R-0, R -A
and R-PZD. In addition to the non-
commercial sign allowed in subsection
(H), the owner of a residenfially zoned
parcel may install one large election
campaign sign of up to 32 square feet
no more than sixty days prior to (and to
be removed within three days following)
the election to which the sign applies.
CD174:3
Clarice Pearman - Res. 55-09
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Cattaneo, Steve
3.6.09 10:51 AM
Res. 55-09
Audit
Audit
Page 1 of 1
Steve:
Attached is a copy of your agenda item passed by City Council approving the home sign for your project. Please let me know if
there is anything else needed for this item. Have a good day.
Clarice
file://CADoeuments%20and%20Settings\epearman.000\Local%20Settings\TempaPgrpwise\49B10036FA... 3.6.09