1313ORDINANCE NO. ~ ~ i
AN ORDINANCE TO REGULATE SIGNS WITHIN THE
CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER
PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION 1. SHORT TITLE. This Ordinance shall be known and
may be cited as the "Sign Ordinance of the City of West Memphis,
Arkansas".
SECTION 2. DEFINITIONS. For the purpose of this Ordinance,
the following terms, phrases, words, and their derivations shall
have the meaning given herein:
A. Area identification sign. A sign to identify a common
area containing a group of structures, or a single structure on
a minimum site of five (5) acres, such as a residential
subdivision, apartment complex, industrial park, mobile home
park, or shopping center, located at the entrance or entrances
of the area, and consisting of a fence or wall or archway with
letters or symbols affixed thereto.
B. Banner. Any sign printed or displayed upon cloth or other
flexible material, with or without frames.
C. Beacon. 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.
D. Bulletin board. Any sign erected by a charitable,
educational or religious institution or a public body, which is
erected upon the same property as said institution, for purposes
of announcing events which are held on the premises.
E. Controlled access highway. Any state or federal numbered
highway within the City of West Memphis, Arkansas.
F. Directional sign. A sign of noncommercial nature which
directs the reader to the location of public or educational
institutions, or to the location of historical structures or
areas, or to the location of public parks or buildings.
i G. Display surface area. The net geometric area enclosed by
the display surface of the sign including the outer extremities
of all letters, characters and delineations; provided, however,
"display surface area" shall not include the structural supports
for free standing signs; provided further, that only one face of
a double-faced sign as defined shall be considered in
determining the display surface area.
H. District or zoning district. 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 districts established by the City Council in Ordinance
Number 1258 of the City of West Memphis, Arkansas.
I. Erect. To build, construct, attach, hang, place, suspend,
or affix, and shall also include the painting of wall signs.
J. Flashing sign. An illuminated sign on which artificial or
reflected light is not maintained stationary and constant in
intensity and color at all times when in use.
K. Free standing sign. A sign which is attached to or a part
of a completely self-supporting structure. The supporting
structure shall be set firmly in or below the ground surface and
shall not be attached to any building or any other structure
whether portable or stationary.
L. Illuminated, direct. Illumination which is so arranged
that the light is directed into the eyes of the viewer from the
light source.
M. Illuminated, indirect. Illumination so arranged that the
light is reflected from the sign to the eyes of the viewer.
N. Illuminated sign. Any sign which has characters, letters,
figures, designs or outline illuminated by electric lights or
luminous tubes as a part of the sign proper.
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O. Joint identification sign. A sign which serves as common
or collective identification for a group of persons or
businesses operating on the same zone lot (e.g., shopping
center, office complex, etc.). Such sign may name the persons,
or businesses included but carry no other advertising matter.
P. Lease. An agreement by which a property owner conveys,
usually for a specified rent, to other persons, permission to
erect and maintain an advertising sign upon his property.
Q. Lot. A parcel of land under one ownership whether
described by metes and bounds or as a platted lot.
R. Mall. 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 (1) store or establishment may walk to another
store or establishment without leaving the enclosure.
S. Mansard Roof. Any roof that has an angle greater than
forty-five (45) degrees and which derives part of its support
from the building wall and is attached to, but not necessarily a
part of, a low slope roof and which extends along the full
length of the front building wall or three-quarters of the
length of a side building wall. For purposes of this ordinance,
a low slope roof shall mean any roof with a pitch less than
three (3) inches rise per twelve (12) inches horizontal.
T. Nonconforming sign. A sign existing at the effective date
of the adoption of this ordinance which could not be built under
the terms of this ordinance.
U. Off-site sign. A sign which directs attention to a
business, commodity, service, entertainment or attraction sold,
offered or existing elsewhere than upon the same lot where such
sign is displayed. The term off-site sign shall include an
outdoor advertising sign (billboard) on which space is leased or
rented by the owner thereof to others for the purpose of
conveying a commercial or noncommercial message.
V. On-site sign. A sign which directs attention to a
business, commodity, service, entertainment or attraction sold,
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offered or existing on the same lot where such sign is
displayed; provided, an on-site sign may also display a
noncommercial message.
W. Parking informational sign. A wall sign or a free
standing sign indicating the location of a motor vehicle parking
lot and designating the persons authorized to park in said lot.
The size of a parking informational; sign shall not exceed four
{4) square feet. The number of parking informational signs on a
parking lot shall not exceed the number of entrances for the
parking lot.
X. Person. "Person" shall mean and include any person, firm,
partnership, association, corporation, company or organization,
of any kind.
Y. Portable swinger sign and "A" frame or sandwich sign. An
advertising device which is ordinarily in the shape of an "A" or
some variation thereof, located on the ground, easily movable,
not permanently attached thereto and which is usually two-sided.
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! Z. Portable temporary attraction sign board. A single or
double surface painted or poster panel type sign or some
variation thereof, which is temporary in nature, usually mounted
on wheels, easily movable, not permanently attached thereto.
AA. Projecting sign. Any sign that shall be affixed at an
angle or perpendicular to the wall of any building in such a
manner to read perpendicular or at an angle to the wall on which
it is mounted.
BB. Real estate sign. A temporary sign placed upon property
for the purpose of advertising to the public the sale or lease
of said property.
CC. Roof sign. Any sign wholly erected, constructed or
maintained on the roof structure or parapet wall of any
building.
DD. Sign. The term "sign" shall mean and include every
device, frame, letter, figure, character, mark, plane, point,
design, picture, stroke, stripe, trademark, or reading matter,
which is used or intended to be used to attract attention or
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convey information when the same is placed out of doors in view
of the general public; in addition, any of the above which is
not placed out of doors, but which is illuminated with
artificial or reflected light not maintained stationary and
constant in intensity and color at all times when in use shall
be considered a sign within the meaning of this ordinance, when
placed near the inside surface of a window in such a way as to
be in view of the general public and used or intended to be used
to attract attention or convey information to motorists. For the
purpose of determining number of signs, a sign shall be
considered to be a single display surface or display device
containing elements organized , related, and composed to form a
unit. Where matter is displayed in a random manner, without
organized relationship of elements, or where there is a
reasonable doubt as to the relationship of elements, each
element shall be considered to be a single sign.
EE. Shopping center. Two (2) or more retail stores and/or
service establishments, or one retail store and one service
establishment, sharing customer parking areas, regardless of
whether said stores and/or establishments occupy separate
structures or are under separate ownership.
FF. Spot light illumination. "Spot light illumination" shall
mean illumination which comes from lamps, lenses or devices
designed to focus or concentrate the light rays of the source.
GG. Wall sign. Any sign that shall be affixed parallel to
the wall or printed on the wall of any building in such a manner
as to read parallel to the wall on which it is mounted;
provided, however, said wall sign shall not project above the
top of the wall or beyond the end of the building. For the
purpose of this ordinance, any sign display surface that is
affixed flat against the sloping surface of a mansard roof shall
be considered a wall sign. Any sign that is affixed to the face
of a building marquee, building awning, or a building canopy
shall be considered a wall sign.
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SECTION 2. SIGN PERMITS GENERALLY.
(a) Generally. It shall be unlawful for any person to erect,
repair, alter, relocate or keep within the City of West Memphis,
Arkansas, any sign or other advertising structure as defined in
this ordinance, except as exempted under Section 4 or Section 5,
without first obtaining a sign permit from the code enforcement
officer and payment of the fee as required by this section. All
illuminated signs shall, in addition, be subject to the
provisions of the electrical code, and the permit fees required
thereunder.
(b) Application for initial sign permit. Application for
initial sign permits shall be made upon blanks provided by the
code enforcement officer and shall contain or have attached
thereto the following information:
(1) Name, address and telephone number of the applicant.
(2) 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 of the sign or other advertising structure
in relation to nearby buildings or structures.
(4) Two (2) blueprints or ink drawings of the plans and
specifications and method of construction and
attachment to the building or in the ground.
(5) Name of person, firm, corporation or association
erecting structure.
(6) Written consent of the owner of the building,
structure or land to which or on which the structure is
to be erected.
(7) Any electrical permit required and issued for said
sign. Application requesting electrical permit for
proposed sign must accompany sign application.
(8) Such other information as the code enforcement officer
shall require to show full compliance with city
ordinance.
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(c) Sign permit fees. Every applicant, before being granted
a permit hereunder, shall pay to the city code enforcement
officer's office the following permit fee for each sign or other
advertising structure regulated by this ordinance:
(1) Permit fee of ten dollars ($10.00) plus ten cents
($0.10) per square foot of the sign face.
(d) Issuance of sign permit. It shall be the duty of the
code enforcement officer, 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 is in compliance with all the
requirements of this ordinance and all other laws and ordinances
of the City of West Memphis, Arkansas, he shall then issue the
erection permit. If the work authorized under an erection permit
has not been completed within six (6) months after date of
issuance, the said permit shall become null and void.
(e) Sign permit revocable. All rights and privileges
acquired under the provisions of this ordinance or any amendment
thereto, are mere licenses revocable at any time by the City
Council of the City of West Memphis, Arkansas, and all such
permits shall contain this provision.
SECTION 3. SIGN MAINTENANCE.
(a) Sign identification. Every sign or other advertising
structure hereafter registered shall show in a conspicuous place
thereon which is visable to the inspector and is readable by the
inspector from the ground, the permit number.
(b) Premises maintenance. All free standing 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.
(c) Unsafe and unlawful signs. If the code enforcement
officer shall find that any sign or other advertising structure
regulated herein is unsafe or insecure, is a menace to the
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public, is abandoded or maintained in a dilapidated condition,
or has been constructed or erected or is being maintainedd in
violation of the provisions of this ordinance, he shall give
written notice to the permittee or property owner thereof. If
the permittee or Property owner fails to remove or alter the
sign or advertising structure so as to comply with the standards
herein set forth within a reasonable time specified in such
notice, such sign or other advertising structure may be removed
or altered to comply by the code enforcement officer; any
expense incidental to such removal or alteration shall be
charged to the owner of the property upon which the sign is
located and shall constitute a lien upon the property.
The code enforcement officer may cause any sign or other
advertising structure which is an immediate peril to persons or
property to be removed summarily without notice. Such signs or
other advertising structures are hereby declared to be a public
nuisance. When any sign is removed summarily without notice, the
owner or lessee thereof shall have the right to a post-seisure
administrative hearing to determine whether there was probable
cause to remove the sign. Said administrative hearing shall be
governed by, and held in accordance with the procedure
prescribed by the Design Review Commission of the City of West
Memphis.
SECTION 4. NONCONFORMING SIGNS.
(A) Nonconforming signs. For the purpose of this section, a
nonconforming sign shall be defined as a sign existing at the
effective date of this ordinance which could not be built under
the terms of this ordinance. Where a lawful sign exists at the
effective date of adoption or amendment of this ordinance that
could not be built under the terms of these regulations, such
sign may be continued so long as it remains otherwise lawful,
subject to the following provisions:
(1) No nonconforming sign may be enlarged or altered in a
way which would increase its nonconformity.
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(2) Should any nonconforming sign be damaged by any means to
an extent of more than fifty (50) per cent of its replacement
cost at time of damage, it shall not be reconstructed except in
conformity with the provisions of this ordinance.
SECTION 5. EXEMPTIONS.
Exemptions shall not be construed as relieving the owner of
such signs from the responsibility of complying with certain
applicable provisions of this ordinance. The exemptions shall
apply to the requirement for sign permit only, and no sign
permit shall be required for the erection of the following
signs:
(a) Professional nameplates erected flat on walls of
building and not exceeding four (4) square feet of
display surface area.
(b) Building construction signs. One (1) on-site building
construction sign on each construction site in any
zoning district, provided that:
(1) Maximum display surface area:
8 square feet or less in R Zoning Districts;
32 square feet or less in other zoning districts.
(c) Real estate signs. On a lot in any district, there
may be erected one unanimated real estate sign;
provided, such signs shall be limited to wall and
freestanding signs whose permitted illumination and
maximum display surface area shall be as follows:
Permitted Area
District Illumination (Square Feet)
R Nonilluminated 8
O-1, C, I, PUD Nonflashing 32
(d) Reserved.
(e) Reserved.
(f) Memorial signs or tablets, names of buildings and date
of erection when cut into any masonry surface or when
constructed of bronze or other incombustible materials.
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(g) Traffic or other municipal signs, legal notices,
railroad crossing signs, danger, and such temporary,
emergency or nonadvertising signs as may be approved by
the City Council.
(h) 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.
(i) Election campaign signs. Political signs are
permitted to be placed on private property in any
district, subject to the following conditions:
(1) In districts where signs are not otherwise
permitted, a political sign may be erected but said
sign shall be removed within seventy-two (72) hours
following the final election to which it applies;
the owner of the property on which said sign is
placed shall be responsible for its removal.
(2) In districts where signs are otherwise permitted,
political signs shall meet those requirements.
(j) Time and temperature displays without advertising
matter, providing all clearances prescribed herein
for signs similarly located are maintained.
(k) Banners shall be exempted when used in conjunction
with public and private events as follows:
(1) Election campaigns: Election campaign banners when
said banners are not placed more than ten (10) days
prior to and removed within seventy-two (72) hours
following the election to which the banner applies.
(2) Public events: Public event banners shall be removed
within seventy-two {72) hours following the event to
which the banner applies.
(3) Private sales events: Banners placed on private
property for advertising a special sales event.
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NOTE: Banners bearing advertising matter shall be considered
wall or freestanding signs, depending upon mounting, and
shall meet all regulations pertaining thereto.
(1) All signs located within a building that are not
visible to the public outside said building.
(m) Signs painted on, or affixed to, glass surfaces of
windows or doors and pertaining to the lawful business
conducted therin.
(n) Directional, identification, and informational signs;
provided, such signs shall be limited to wall and
freestanding signs with a maximum of four (4) square
feet of display surface area. Notwithstanding
restrictions on the location and number of
freestanding signs prescribed by Section 8 of this
ordinance, one informational sign shall be permitted at
each entrance or exit, provided such sign does not
constitute a traffic hazard. The restrictions on the
location and number of freestanding signs prescribed by
Section 8 of this ordinance shall not apply to
directional signs.
(o) Collection boxes for charitable or nonprofit
organizations containing no commercial advertising
and located on private property in any C or I Zoning
District.
(p) Subdivision signs. In any district, one (1) temporary
subdivision identification sign indirectly illuminated,
not to exceed fifty (50) square feet in area per surface
may be erected at any principal entrance to a
subdivision, provided that in no event shall such sign
remain for more than six (6) months within fifty (50)
feet of a dwelling in an R District occupied as a
dwelling.
(q) A freestanding bulletin board shall be set back a
minimum of fifteen (15) feet from street right-of-way;
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and any bulletin board having a display surface area in
excess of ten (10) square feet shall be set back from
street right-of-way an additional one (1) foot for each
two (2) square feet of display surface area in excess of
ten (10} square feet.
(r) Fuel price informational signs. In any district, signs
advertising the price of motor vehicle fuel sold from a
fuel pump located on the premises shall be permitted,
subject to the following conditions:
(1) Only one (1} fuel price informational sign shall be
permitted per fuel pump.
(2} Fuel price informational signs shall be limited in size
to an area of two hundred sixteen (216} square inches.
(3) Each fuel price informational sign shall be affixed
directly and firmly to a fuel pump and shall be
stationary.
(4) Nothing herein shall be construed to prohibit the
advertisement of fuel prices on any other sign meeting
the requirements of this ordinance.
SECTION 6. GENERAL REGULATIONS.
(a) Removal of certain signs. In the event a business ceases
operation for a period of time in excess of sixty (60j days, the
sign owner or lessee, or the property owner, shall immediately
remove any sign identifying or advertising said business or any
product sold thereby; provided, however, this requirement shall
not apply where under the pro:risions of this ordinance an
existing conforming sign may be altered to advertise a new
business or product sold thereby, and there is evidence that a
new business will be in operation on the premises within sixty
(60} days. Upon failure of the sign owner or lessee, or the
property owner, to comply with this section,the code enforcement
officer shall issue a written notice to the sign owner and any
lessee and to the property owner, which notice shall state that
such sign shall be removed within thirty (30) days. If the sign
owner or lessee, or property owner, fails to comply with such
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written notice to remove, the code enforcement officer is hereby
authorized to cause removal of such sign, and any expense
incidental to such removal shall be charged to the owner of the
property upon which the sign is located and shall constitute a
lien upon the property. For the purpose of this section, the
word "remove" shall mean:
(1) The sign face, along with posts, columns, or supports of
freestanding signs, shall be taken down and removed from
the property.
(2) The sign face and supporting structures of "projecting",
"roof" or "wall" signs shall be taken down and removed
from the property.
(3) The sign face of "painted wall signs" shall be removed
by painting over the wall sign in such a manner as to
completely cover up and hide from sight the sign in
question.
(b) Signs not to constitute traffic hazard. No sign or other
advertising structure as regulated by this ordinance shall be
erected or continued to be displayed 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 position, shape, or
color, it may interfere with, obstruct the view of or be
confused with any authorized traffic sign, signal or device; or
which makes use of the words "STOP" "LOOK" "DRIVE-IN"
~ , , ,
"DANGER", or any other word, phrase, symbol or character in such
a manner as to interfere with, mislead, or confuse traffic.
(c) Placing signs on public and private property.
(1) Placing signs on public property. No signs other than
signs placed by agencies of government shall be erected
on any public property; provided, directional signs may
be erected upon city street name signposts, or upon
traffic signposts under the following conditions:
a. The signs direct the reader to the location of a
public facility attended principally by out-of-town
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patrons, to a facility operated by a non-profit
entity and attended principally by out-of-town
patrons, to a facility relating to the public health,
safety or welfare, or to scenic or historic trails;
b. The signs are fabricated, erected and maintained by
the city street department;
c. The entire cost of the signs is borne by the entity
requesting the signs;
d. The signs are installed at locations where they would
not constitute a traffic hazard;
e. The signs conform to the manual on uniform traffic-
control devices; and
f. The maximum number of directional signs permitted
under this section shall be seven (7) for each
entity; provided, the limitation provided hereby
shall not apply to signs directing the reader thereof
to scenic or historic trails.
Provided further, nonprofit organizations shall be
allowed to place temporary signs of a noncommercial
nature on public property for the purpose of directing
the general public to the location of an event or
activity which promotes the general public welfare. The
placement of such temporary signs shall be subject to
the following conditions:
a. The maximum display surface area of each sign shall
not exceed six (6) square feet;
b. No more than three (3) signs directing the general
public to such an event or activity shall be placed
on public property at the same time by one such
.~ organization;
c. Each such sign shall identify the nonprofit
organization by name;
d. No such temporary sign shall be placed on public
property for more than five (5) successive days;
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e. The location of each such sign shall be approved
by the sign inspector and the street superintendent
to ensure that the signs will not constitute a
traffic hazard;
f. The organization applies for, and is issued, a sign
permit; one permit may authorize installation of up
to three (3) signs pursuant to the provisions of this
paragraph; and,
g. No such organization shall install, or be issued a
permit to install a temporary sign on public property
pursuant to the provisions of this paragraph more
often than six (6) times within a twelve month
period.
(2) Placing signs on private property. No signs shall be
placed on any private property without the consent of
the owner thereof.
(3) Placing signs on trees or rocks. No signs shall be
placed or painted on any tree or rock.
(4) Placing signs on utility poles. No signs shall be
placed on any utility pole except for utility
identification or similar purposes.
(d) Sign illumination. Direct illumination by incandescent
light bulbs shall be restricted to light bulbs rated at twenty-
five (25) watts or less.
(e) Spot lights and beacons prohibited. It shall be unlawful
for any person to continue in operation or erect any attraction
device or sign which contains a beacon of any type and/or
contains a spot light providing direct illumination to the
public.
(f) Fluctuating illumination prohibited. 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.
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(g) Portable swinger, "A" frame, sandwich, attraction sign
boards prohibited. It shall be unlawful for any person to
continue to display or erect any portable swinger, "A" frame,
sandwich or temporary attraction sign board in the city.
(h) Use of vehicle as sign. It shall be unlawful to use a
vehicle or a trailer as a sign in circumvention of this
ordinance.
(i) Restrictions along controlled access highways. No off-
site sign shall be permitted within six hundred sixty (660) feet
of the right-of-way of any controlled access highway.
(j) Revolving, rotating, or moving signs prohibited. It
shall be unlawful for any person to erect or to continue using
any sign the exterior of which revolves, rotates or otherwise
moves, in whole, or in part.
SECTION 7. ROOF SIGNS.
Roof signs shall not be permitted except on appeal to the
Design Review Commission. The Design Review Commission may grant
a variance for a roof sign only in those cases where the
applicant demonstrates practical difficulties in utilizing a
wall sign and demonstrates that the variance will be in keeping
with the spirit and intent of this ordinance.
SECTION 8. FREESTANDING SIGNS.
It shall be unlawful to erect any freestanding sign which
total height is greater than thirty (30) feet above the level of
the street upon which the sign faces.
For any sign located closer to street right-of-way than forty
(40) feet the Maximum height shall be reduced one-half foot for
each foot of setback less than forty (40) feet. Freestanding
signs shall be permitted to be erected in the city subject to
the following:
(A) R and O Districts: Freestanding signs shall be
prohibited and no freestanding signs shall be erected in
any R or O district of the city; provided, one (1)
freestanding bulletin board per lot shall be permitted,
subject to the restrictions on bulletin boards
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prescribed by Section 5 (q) of this ordinance; provided
further, one (1) on-site freestanding sign shall be
permitted on a lot or parcel zoned O-1, subject to the
following restrictions:
(1) The maximum display surface area shall not exceed
four (4) square feet;
(2) The sign shall be set back a minimum of fifteen
(15) feet from street right-of-way;
(3) The height of the sign shall not be greater
than six (6) feet above the level of the street
upon which the sign faces;
(4) The sign shall be set back a minimum of twenty-
five (25) feet from the boundary of any R District;
(5) The sign shall be erected a minimum of ten (10)
feet from adjoining property;
(6) The sign may be illuminated by indirect illum-
ination only;
(7) No other signs shall be permitted on the
property unless, due to practical difficulties,
the Design Review Commission grants a variance.
(B) C Districts:
(1) Only one (1) on-site or off-site freestanding
sign shall be permitted on a lot, at a shopping
center, or at a mall.
(2) Only one (1) off-site freestanding sign shall
be permitted on any vacant property of one
ownership.
{3) Freestanding signs shall be subject to the
following:
(a) Display surface area shall not exceed ten
(10) square feet; provided, the display
surface area may be increased two (2)
square feet for each one (1) foot the sign
is set back from street right-of-way beyond
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fifteen (15) feet; provided further, the maximum
display surface area for a sign which is set
back from street right-of-way forty (40) feet or
more shall be seventy-five (75) square feet;
provided further, the maximum display surface
area for an on-site freestanding sign located on
property which abuts a controlled access highway
shall be two hundred (200) square feet; also
provided further, freestanding signs adjacent to
the Interstate may be erected to the following
conditions:
(1) The height of a sign or sign structure shall not
exceed thirty (30) feet, with the exception that
signs eighty (80) feet in height are permitted
within eight hundred (800) feet of the
Interstate Highway measured from the center line
of the nearest lane of Interstate traffic.
(2) The gross area of a sign or sign structure,
including framing but excluding supports, shall
not exceed two hundred (200) square feet, with
the exception that signs within eight hundred
(800) feet of the Interstate Highway as measured
from the center line of the nearest lane of
Interstate traffic, which are over thirty (30)
feet in height shall not exceed five hundred
(500) square feet.
(b) Shall be set back a minimum of fifteen (15) feet
from street right-of-way; provided, an on-site
freestanding sign located on property which
abuts a controlled access highway shall be set
back a minimum of forty (40) feet from street
right-of-way of the service road.
(c) Shall be set back a minimum of twenty-five (25)
feet from the boundary of any R or O District.
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(d) Signs may be illuminated by direct or in-direct
illumination.
(e) May be erected a minimum of one foot from
adjoining property.
(4) The display surface area of joint identification
signs may be increased to one (1) square foot per
five hundred (500) square feet of gross leasable
building area, with a maximum display surface area
of three hundred (300) square feet.
(C) I Districts:
(1) Only one on-site freestanding sign shall be
permitted on a lot.
(2) Off-site freestanding signs shall be prohibited.
(3) Freestanding signs shall be subject to the
following:
(a) Display surface area shall not exceed ten (10)
square fet; provided, the display surface area
may be increased two (2) square feet for each
one foot the sign is set back from street right-
of-way beyond fifteen (15) feet; provided
further, the maximum display surface area for a
sign which is set back from street right-of-way
forty (40) feet or more shall be seventy-five
(75) square feet; provided further, the maximum
display surface area for an on-site freestanding
sign located on property which abuts a
controlled access highway shall be two hundred
(200) square feet; also provided further
freestanding signs adjacent to the Interstate
may be erected to the following conditions:
(1} The height of a sign or sign structure shall not
exceed thirty (30) feet, with the exception that
signs eighty (80) feet in height are permitted
within eight hundred (800) feet of the
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Interstate Highway measured from the center line
of the nearest lane of Interstate traffic.
(2) The gross area of a sign or sign structure,
including framing but excluding supports, shall
not exceed two hundred (200) square feet, with
the exception that signs within eight hundred
(800) feet of the Interstate Highway as measured
from the center line of the nearest lane of
Interstate traffic, which are over thirty (30)
feet in height shall not exceed five hundred
(500) square feet.
(b) Shall be set back a minimum of fifteen (15) feet
from street right-of-way; provided, an on-site
freestanding sign located on property which
abuts a controlled access highway shall be set
back a minimum of forty (40) feet from street
right-of-way of the service road.
(c) May be erected a minimum of one foot from
adjoining property; provided, however, said
signs must be set back twenty-five (25) feet
from the boundary of any R or O District.
SECTION 9. PROJECTING SIGNS.
(1) It shall be unlawful to erect any projecting sign that
projects from the wall of a building upon which it is erected a
distance of more than two-thirds of the width of the sidewalk
(in those instance where there is a sidewalk next to the
building) or within Two (2) feet of street right-of-way (in
those instances where there is no sidewalk next to the
building); provided, no projecting sign shall project more than
six (6) feet from the wall of the building upon which it is
erected.
(2) Projecting signs shall be located on the vertical
surface of a building and shall not be higher than the cave or
rafter line, whichever is higher. Projecting signs shall clear
grade level below the sign by a minimum of eight (8) feet.
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(3) The display surface area of a projecting sign shall not
exceed sixteen (16) square feet. Only one projecting sign per
business shall be permitted and a projecting sign shall not be
permitted on property which has a freestanding sign.
(4) Off-site projecting signs shall be prohibited in all
zoning districts.
(5) On-site projecting signs shall be prohibited in R and O
zoning districts.
SECTION 10. WALL SIGNS.
(1) Wall signs shall not project more than eighteen (18)
inches from the surface upon which they are mounted; provided,
the upper edge of a wall sign mounted on a mansard roof may
project more than eighteen (18) inches so long as the sign is
perpendicular to the ground. Wall signs shall be limited in
number to one wall sign per business on each wall with a limit
of four (4) wall signs per business per building. The display
surface area of all wall signs on any one wall shall not exceed
one hundred fifty (150) square feet or twenty (20) per cent of
the area of the wall on which they are located, whichever is
greater; provided, in the event a building which houses multiple
tenants does not front on the street or highway from which
principal access to the building is obtained, the display
surface area of each sign on a wall shall not exceed one hundred
fifty (150) square feet or twenty (20) per cent of the area of
the wall and the display surface area of all wall signs on the
wall facing said street or highway shall not exceed the area of
the wall.
(2} Off-site wall signs shall be prohibited in all zoning
districts.
(3) In R and O zoning districts, the following limitations
shall apply:
(a) Limit of one on-site wall sign for each business
located on the property, with a maximum of four (4)
signs per building.
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(b) Display surface area shall not exceed sixteen (16)
square feet.
SECTION 10.1. AREA SIGNS.
(a) the size and location of the fence, wall. or other
structure which will contain the area identification sign, must
be approved by the code enforcement officer, who will approve
such structure upon the criterion of traffic safety sight lines.
(b) The maximum display surface area of area identification
signs shall not exceed thirty-two (32) square feet.
SECTION 10.2. DESIGN REVIEW COMMISSION.
(a) The word "commission" when used in this section shall be
construed to mean the Design Review Commission.
(b) Interest in sign. Any member of the commission who shall
have direct or indirect interest in any sign or in any decision
relating to such sign, which shall be the subject matter of, or
affected by, a decision of the commision, shall be disqualified
from participating in the discussion, decision or proceeding of
the commission in connection therewith.
(c) Appeals. An appeal stays all proceedings in furtherance
of the action appealed from, unless the code enforcement officer
certifies to the commission after the notice of appeal shall
have been filed with him that by reason of facts stated in the
certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order granted by the
commission, or by a court of record on application, on notice to
the code enforcement officer and on due cause shown. The
commission shall fix a reasonable time for the hearing of the
appeal, give seven (7) days' public notice thereof by
publication in a newspaper of general circulation in the city,
give due notice to the parties in interest, and decide the
appeal within a reasonable time. At the hearing, any party may
appear in person or by agent or by attorney.
(d) Jurisdiction. The commission shall have the following
powers and it shall be its duty:
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(1) To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or
interpretation made in the enforcement of this
ordinance.
(2) To hear requests for variances from the literal
provisions of this ordinance for the erection of a new
sign in instances where strict enforcement of this
ordinance would cause practical difficulties due to
circumstances unique to the individual sign under
consideration, and grant such variance only when it is
demonstrated that such action will be in keeping with
the spirit and intent of this ordinance.
a. Reserved.
b. The commission may impose reasonable conditions
in the granting of a variance to insure compliance
and to protect adjacent property. A violation of
such conditions shall constitute a violation of this
ordinance.
c. In exercising the above mentioned powers, the
commission may reverse or affirm, wholly or partly,
or may modify the order, requirement, decision, or
determination appealed from, and may make such
order, requirement, decision, or interpretation as
ought to be made.
d. The concurring vote of a majority of the full
commission shall be necessary to reverse any order,
requirement, decision or determination of the code
enforcement officer, or to decide in favor of the
applicant on any matter upon which it is required to
pass under this ordinance, or to effect any
variation in this ordinance.
e. Any variance granted by the commission shall
automatically be revoked, if the applicant does not
comply with the terms of the variance within thirty
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(30} days from the granting thereof; and, the
applicant shall be required to comply with the
literal provisions of this ordinance.
SECTION 11. SEPARABILITY.
Should any section or provision of this ordinance be
declared by the courts to be unconstitutional or invalid, such
decision shall not affect the validity of the ordinance as a
whole, or any part thereof other than the part so declared to be
unconstitutional or invalid.
SECTION 12. PENALTIES.
(a) Violation of the provisions of this ordinance or failure
to comply with any of its requirements shall constitute a
misdemeanor. Any person who violates this ordinance or fails to
comply with any of its requirements shall upon conviction
thereof be fined not less than twenty-five dollars ($25.00) nor
more than one thousand dollars ($1,000.00). Each day such
violation continues shall be considered a separate offense.
(b) The owner or tenant of any building, structure, premises
or part thereof, and any architect, builder, contractor, agent,
or other person who commits, participates in, or maintains such
violation may be found guilty of a separate offense and suffer
the penalties herein provided.
(c) Nothing herein contained shall prevent the city from
taking such other lawful action as is necessary to prevent or
remedy any violation.
SECTION 13. PROVISIONS DECLARED TO BE MINIMUM REQUIREMENTS.
In their interpretation and application, the provisions of
this ordinance shall be held to be minimum requirements adopted
for the promotion of the public health, safety and general
welfare. Wherever the requirements of this ordinance are at
variance with the requirements of any other ordinances, the
highest and most restrictive standard shall apply.
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a
t.
SECTION 14. REPEALING CLAUSE.
All ordinances or parts of ordinances in conflict herewith
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are hereby repealed.
PASSED AND APPROVED this 1st day of October, 1987.