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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. 2 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, 3 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. i ! 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 4 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. 5 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. 6 (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 7 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. 8 (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. 9 (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. 10 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; 11 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 12 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 13 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; 14 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. 15 (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 16 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 17 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. 18 (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 19 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. 20 (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. 21 (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: 22 (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 23 (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. 24 a t. SECTION 14. REPEALING CLAUSE. All ordinances or parts of ordinances in conflict herewith 25 are hereby repealed. PASSED AND APPROVED this 1st day of October, 1987.