1484ORDINANCE NO. I~'I SY
AN ORDINANCE TO REGULATE SIGNS WITHIN THE
CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION 1. SHORT TITLE AND PURPOSE.
This Ordinance shall be known and may be cited as the "Sign
Ordinance of the City of West Memphis, Arkansas". The purposes
of these regulations are: to encourage the effective and safe
use of signs as a means of communication in the City; to
preserve and enhance the aesthetic environment and the City's
ability to attract sources of economic development and growth;
to preserve and improve pedestrian and traffic safety; to
eliminate visual clutter and to minimize possible adverse
effects of signs on nearby public and private property and to
enhance and enable the fair and consistent enforcement of these
sign regulations. This sign ordinance is adopted pursuant to the
zoning authority of the City and is also in furtherance of both
the more general purposes set forth in the zoning ordinance and
the more specific purposes as are set forth herein.
APPLICABILITY-EFFECT. A sign may be erected, placed,
established, painted, created, or maintained in the City only in
conformance with the standards, procedures, exemptions, and
other requirements of this Ordinance.
The effect of this Ordinance as more specifically set forth
herein, is:
To establish a permit system to allow a variety of types of
signs in commercial and industrial zones, and a limited
variety of signs in other zones, subject to the standards
and the permit procedures of this Ordinance;
To allow certain signs that are small, unobtrusive, and
incidental to the principle use of the respective lots on
which they are located, subject to the substantive
requirements of this Ordinance, but without requirement for
permits;
To prohibit all signs not permitted by this Ordinance; and
To provide for the enforcement of the provisions of this
Ordinance.
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. Building Marker. Any sign indicating the name of a
building and date and incidental information about its
construction, which sign is cut into a masonry surface
or made of bronze or other permanent material.
E. Bulletin Board. A sign portraying a non-commercial
message for the purpose of announcing an event to be
held on the same premises upon which the sign is
placed.
F. Commercial Message. Any sign wording, logo, or other
representation that, directly or indirectly, names,
advertises or calls attention to a business, product,
service or other commercial activity.
G. Controlled Access Highway. Any state or federal
numbered highway, including an interstate highway,
within the City of West Memphis, Arkansas.
H. 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.
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I. 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.
J. Election Campaign Sign. A sign representing or
portraying the name and/or picture of an individual
person who is a candidate for election to public office
or containing a reference to an issue in an upcoming
election such as "vote no on amendment 2."
K. Erect. To build, construct, attach, hang, place,
suspend, or affix, and shall also include the painting
of wall signs.
L. 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.
M. 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.
N. Identification Sign. A sign which serves as an
identification for a person or business operating on
the premises where the sign is located. Such sign may
name the person, organization or business but shall not
portray any other commercial or non-commercial message.
O. Illuminated, Direct. Illumination which is so arranged
that the light is directed into the eyes of the viewer
from the light source.
P. Illuminated, Indirect. Illumination
the light is reflected from the sign
viewer.
Q. Illuminated Sign. Any sign which has
letters, figures, designs or outline
electric lights or luminous tubes as
proper.
so arranged that
to the eyes of the
characters,
illuminated by
a part of the sign
R. Incidental Sign. A sign, generally informational, that
has a purpose secondary to the use of the zone lot on
which it is located, such as "no parking," "entrance,"
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"loading only," "telephone," and other similar
directives. No sign with a commercial message legible
from a position off the zone lot on which the sign is
located shall be considered incidental
S. 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.) and shall
include a sign which identifies architects, engineers,
contractors and other individuals or firms involved
with the construction on the premises. Such sign may
name the persons, organizations or businesses included
but shall not portray any other commercial or non-
commercial message.
T. 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.
U. Lot. A parcel of land under one ownership whether
described by metes and bounds or as a platted lot.
V. 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.
W. Piansard 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.
X. Non-Commercial Message. Any sign wording, logo, or
other representation that does not, directly or
indirectly, name, advertise, or call attention to a
business, product, service or other commercial
activity. Non-commercial signs include but are not
limited to: signs expressing political or religious
views; signs of nonprofit organizations related to
their tax-exempt purposes.
Y. 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.
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Z. Person. "Person" shall mean and include any person,
firm, partnership, association, corporation, company or
organization, of any kind.
AA. Portable Signs. Any sign not permanently attached to
the ground or other permanent structure, or a sign
designed to be transported, including, but not limited
to, signs designed to be transported by means of
wheels; signs converted to A- or T-frames; menu and
sandwich board signs; balloons used as signs; umbrellas
used for advertising; and signs attached to or painted
on vehicles parked and visible from the public right-of-
way, unless said vehicle is used primarily in the
normal day-to-day transportation operations of the
business.
BB. 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.
CC. Public Sign. A sign erected by or on behalf of a
governmental body to post a legal notice, identify
public property, convey public information or to direct
or regulate pedestrian or vehicular traffic.
DD. Residential Sign. Any sign located in a district zoned
for residential uses that contains no commercial
message except such sign may contain a representation
advertising the sale or lease of the residential
premises.
EE. Roof Sign. Any sign wholly erected, constructed or
maintained on the roof structure or parapet wall of any
building.
FF. 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 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
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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.
GG. 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.
HH. 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.
II. Temporary Sign. Any sign that is used only temporarily
and not for a period exceeding ten (10) days and which
is not permanently mounted.
JJ. 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.
SECTION 3. 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:
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(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.
C. Sign Permit Fees. Every applicant, before being granted
a permit hereunder, shall pay to the 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.
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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 4. SIGN MAINTENANCE.
A. Sign Identification. Every sign or other advertising
structure hereafter registered shall show in a
conspicuous place thereon which is visible 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 condition, free
and clear of rubbish and weeds.
C. Design, Construction and Maintenance. All signs shall
be designed, constructed and maintained in accordance
with the following standards:
(1) All signs shall comply with applicable provisions
of the Building Code and the Electrical Code of
the City at all times.
(2) Except for banners conforming in all respects with
the requirements of this Ordinance, all signs
shall be constructed of permanent materials and
shall be permanently attached to the ground, a
building or another structure by direct attachment
to a rigid wall, frame or structure.
(3) All signs shall be continuously maintained in good
structural condition in compliance with building
and electrical codes and in conformance with this
sign code at all times.
SECTION 5. 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:
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(1) No nonconforming sign may be enlarged or altered
in a way which would increase its nonconformity.
(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.
(3) A sign that was constructed, painted, installed,
or maintained in conformance with a permit under
this ordinance, but for which the permit has
lapsed or has not been renewed or for which the
time allowed for the continuance of a
nonconforming sign has expired, shall forthwith be
removed without notice or action from the City.
SECTION 6. EXEMPTIONS.
The exemptions granted in this section are from the
requirement of a sign permit only and do not relieve the owner
from the responsibility of compliance with all other provisions
of this Ordinance. The exemptions are contingent upon the
standards set forth for each such exempt sign. No permit shall
be required for the erection of the following signs:
A. Identification signs and Joint Identification signs
erected flat on the wall of a building and not
exceeding four (4) square feet of display surface area.
B. One Joint Identification sign
architects, engineers, contra
individuals or firms involved
premises and having a maximum
eight (8) square feet or less
Districts and thirty-two (32)
all other Zoning Districts.
which identifies
tors and/or other
with construction on the
display surface area of
for premises in R Zoning
square feet or less in
C. One Residential sign provided the same is unanimated,
nonilluminated and has a maximum display surface area
of eight (8) square feet or less.
D. Incidental signs not exceeding four (4) square feet of
display surface area.
E. Building Markers.
F. The posting of bills on signs, repainting of signs, or
the changing of letters or numbers on signs designed
for changeable lettering or numbering.
G. Election Campaign signs. The City Council hereby finds
that the citizens of the City have a compelling
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community of interest in the furtherance of the
democratic process and the support of free elections
with widespread participation of both candidates and
voters in that process as well as in the importance of
an electorate informed as to their choice among
candidates. Therefore, election campaign signs are
exempt from the requirement of a permit and are allowed
to be placed on private property in any district
subject to the following conditions:
(1) In districts where signs are not otherwise
permitted, an election campaign sign may be
erected but 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. In these districts, such signs must be
set back no less than fifteen (15) feet from the
edge of the street pavement.
(2) In districts where signs are otherwise permitted,
election campaign signs shall meet those
requirements and in addition shall be removed
within seventy-two (72) hours after the final
election to which it applies; the owner of the
property on which said sign is placed shall be
responsible for its removal.
H. Banners shall be exempt when used to announce a
specific event providing they are not placed more than
ten (10) days prior to and removed within seventy-two
(72) hours following said event.
I. All signs located within a building that are not
visible to the public outside said building.
J. Signs painted on or affixed to glass surfaces of
windows, or doors of buildings and pertaining to the
lawful business of the persons located therein.
K. Subdivision signs. In any district one (1) temporary
subdivision sign identifying the name of said
subdivision is allowed provided that it may be
illuminated only indirectly; it shall not exceed fifty
(50) square feet in display surface area. In no event
shall such sign remain more than six (6) months where
it is within fifty (50) feet of an occupied dwelling in
an R Zoning District.
L. A freestanding bulletin
minimum of fifteen (15)
and any bulletin board
excess of ten (10) squa
board shall be set back a
feet from street right-of-way;
having a display surface area in
re feet shall be set back from
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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.
M. 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 6.1 EXEMPTIONS FOR PUBLIC SIGNS.
Public signs are exempt from all of the requirements of this
Ordinance.
SECTION 7. GENERAL REGULATIONS.
A. Removal of certain signs. In the event a person,
business, or organization ceases operation for a period
of time in excess of sixty (60) days, the sign owner or
lessee, or the property owner, shall immediately remove
any sign identifying or advertising said person,
~ business, or organization or any product sold thereby;
provided, however, this requirement shall not apply
where under the provisions of this ordinance an
existing conforming sign may be altered to advertise a
new person, business, or organization, and there is
evidence that a new person, business, or organization
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
written notice to remove, the Code Enforcement Officer
is hereby authorized to cause removal of such sign, and
any expense incidental to such removal
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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 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) No signs shall be allowed on public property
ehcept for the following:
Permanent signs including:
* Public signs erected by or on behalf of a
governmental body to post legal notices,
identify public property, convey public
information, and direct or regulate
pedestrian or vehicular traffic;
* Bus stop signs erected by a public transit
company that contain no commercial message;
* Informational
regarding its
facilities.
signs of a public utility
poles, lines, pipes, or
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Temporary signs including:
Temporary signs for which a permit has been issued
in accordance with this Ordinance which shall be
issued only for signs meeting the following
requirements:
* Such signs shall contain no commercial
message; and
* Such signs shall be no more than six (6)
square feet in area.
Emergency signs including:
Emergency warning signs erected by a governmental
agency, a public utility company, or a contractor
doing authorized or permitted work within the
public right-of-way.
(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 incan-
descent 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 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.
G. Portable signs.. It shall be unlawful for any person to
continue to display or erect any portable sign in the
City.
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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. Revolving, rotating, or moving signs prohibited. It
shall be unlawful for any person to erect 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 allowing a roof sign only in those cases where the
applicant demonstrates extreme hardship in utilizing another
type of sign that is permitted under this Ordinance for
placement on its property. In determining whether extreme
hardship exists, the Commission shall consider the relative
economic costs to the applicant of a roof sign compared to the
costs of other allowable signs; the lack of effectiveness as a
means of communication of other allowable signs compared to the
roof sign; the proposed size, lighting and type of materials to
be used in the roof sign and whether the variance if granted
will be in keeping with the purpose and spirit of this
Ordinance.
SECTION 9. 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
prescribed by Section 6 (L) of this Ordinance as
amended; provided further, one (1) freestanding sign
shall be permitted on a lot or parcel zoned O-l,
subject to the following restrictions:
(1) The maximum display surface area shall not exceed
four (4) square feet;
(2) If the sign portrays a commercial message, it
shall relate to a business, commodity, service, or
attraction sold, offered, or existing on the same
lot where the sign is located;
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(3) The sign shall be set back a minimum of fifteen
(15) feet from street right-of-way;
(4) The height of the sign shall not be greater than
six (6) feet above the level of the street upon
which the sign faces;
(5) The sign shall be set back a minimum of twenty-
five (25) feet from the boundary of any R
District;
(6) The sign shall be erected a minimum of ten (10)
feet from adjoining property;
(7) The sign may be illuminated by indirect illum-
ination only;
B. C Districts:
(1) Only one (1) freestanding sign shall be permitted
on a lot, at a shopping center, or at a mall.
(2) Only one (1) 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.
(1) Display surface area shall not exceed ten
(10) square feet;
(2) Notwithstanding the restriction set forth in
the previous subparagraph, 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 fifteen
(15) feet;
(3) Notwithstanding the restrictions set forth in
the previous two subparagraphs, a
freestanding sign which is set back from
street right-of-way forty (40) feet or more
may have a maximum display surface area of
seventy-five (75) square feet;
(4) Notwithstanding the restrictions set forth in
the previous three subparagraphs, a
freestanding sign located on property which
abuts a controlled access highway and which
is set back from street right-of-way fifteen
(15) feet or more may have a maximum display
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surface area of two hundred (200) square
feet;
(5) Special provisions for signs on property
abutting a Interstate Highway. The City
Council hereby finds that the traffic on the
Interstate Highways through West Memphis,
Arkansas, is significant and is essential to
efficient transportation and healthy commerce
in the City; that sign height and size for
signs along such Interstate Highways should
be increased as an aid to motorists and also
in the interest of traffic safety on such
highways. Therefore, notwithstanding the
provisions of the previous four
subparagraphs, and notwithstanding the height
limitation of the first paragraph of this
Section, a freestanding sign located on
property which abuts an Interstate Highway
and which is located within eight hundred
feet of the nearest main travel lane on such
Highway and which is set back from street
right-of-way fifteen (15) feet or more may
have a maximum height of eighty (80) feet and
a display surface area of two hundred (200)
square feet. Such sign may have an additional
display surface area of fifty (50) square
feet for each three hundred (300) square feet
of gross floor area contained in the
principal building located on the same
property up to a maximum additional display
surface area of two hundred (200) square feet
where the gross floor area of such principal
building is twelve hundred (1,200) square
feet or more.
(b) May be erected a minimum of one (1) foot from
adjoining property; provided, said signs must
be set back at least twenty-five (25) feet
from the boundary of any R or 0 District.
(c) Shall be set back a minimum of fifteen (15)
feet from street right-of-way.
C. I Districts:
(1) Only one freestanding sign shall be permitted on a
lot.
(2) Freestanding signs shall be subject to the
following:
(a) Display Surface Area.
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(1) Display surface area shall not exceed ten
(10) square feet;
(2) Notwithstanding the restriction set forth in
the previous subparagraph, 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 fifteen
(15) feet;
(3) Notwithstanding the restrictions set forth in
the previous two subparagraphs, a
freestanding sign which is set back from
street right-of-way forty (40) feet or more
may have a maximum display surface area of
seventy-five (75) square feet;
(4) Notwithstanding the restrictions set forth in
the previous three subparagraphs, a
freestanding sign located on property which
abuts a controlled access highway and which
is set back from street right-of-way fifteen
(15) feet or more may have a maximum display
surface area of two hundred (200) square
feet;
(5) Special provisions for signs on property
abutting a Interstate Highway. The City
Council hereby finds that the traffic on the
Interstate Highways through West Memphis,
Arkansas, is significant and is essential to
efficient transportation and healthy commerce
in the City; that sign height and size for
signs along such Interstate Highways should
be increased as an aid to motorists and also
in the interest of traffic safety on such
highways. Therefore, notwithstanding the
provisions of the previous four
subparagraphs, and notwithstanding the height
limitation of the first paragraph of this
Section, a freestanding sign located on
property which abuts an Interstate Highway
and which is located within eight hundred
(800) feet of the nearest main travel lane on
such Highway and which is set back from
street right-of-way fifteen (15) feet or more
may have a maximum height of eighty (80) feet
and a display surface area of two hundred
(200) square feet. Such sign may have an
additional display surface area of fifty (50)
square feet for each three hundred (300}
square feet of gross floor area contained in
the principal building located on the same
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property up to a maximum additional display
surface area of two hundred (200) square feet
where the gross floor area of such principal
building is twelve hundred (1,200) square
feet or more.
(b) May be erected a minimum of one (1} foot from
adjoining property; provided, said signs must
be set back at least twenty-five (25) feet
from the boundary of any R or O District.
SECTION 10. PROJECTING SIGNS.
A. 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.
B. Projecting signs shall be located on the vertical
surface of a building and shall not be higher than the
eave or rafter line, whichever is higher. Projecting
signs shall clear grade level below the sign by a
minimum of eight (8) feet.
C. The display surface area of a projecting sign shall not
exceed sixteen (16) square feet. Orily one projecting
sign per building shall be permitted and a projecting
sign shall not be permitted on property which has a
freestanding sign.
D. Projecting signs shall be prohibited in R and in O
Zoning districts.
SECTION 11. WALL SIGNS.
A. 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 tenant on each wall with a limit in number to one
wall sign per tenant on each wall with a limit of four
(4) wall signs per tenant 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
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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.
B. In O Zoning districts, only one (1} wall sign for each
business, person or organization located on the
property, with a maximum of four (4) signs per
building. Display surface area of such signs shall not
exceed sixteen (16) square feet.
SECTION 11.1. 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 identi-
fication signs shall not exceed thirty-two (32) square
feet.
SECTION 11.2. 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 commission, 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
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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:
(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 provisions
of this ordinance for the erection of a new sign
in cases where strict compliance with this
Ordinance would cause extreme hardship due to the
circumstances unique to the property and the
individual sign under consideration. The
Commission may grant such variance only when it is
demonstrated that such action is necessary and the
only way possible to reduce the extreme hardship
found. In determining whether extreme hardship
exists, the Commission shall consider the relative
economic cost to the applicant if the variance is
granted compared to such cost if it is not; the
lack of effectiveness as a means of communication
of signs allowed on such property under this
Ordinance compared to the proposed sign for which
a variance is requested; the proposed size,
lighting and type of materials to be used in the
proposed sign; whether the proposed variance can
be made subject to such conditions as would
address the concerns of City staff and adjacent
property owners and whether the variance, if
granted, will be in keeping with the purpose and
spirit 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.
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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 (30) days from the
granting thereof; and, the applicant shall be
required to comply with the literal
provisions of this Ordinance.
SECTION 12. 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 13. 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. If the Code Enforcement Officer finds that any sign
regulated herein has been constructed or erected or is
being maintained in violation of the provisions of this
Ordinance, he shall give written notice to the
permittee or the owner of the property where the sign
is located. If the permittee or the owner fails to
remove or alter the sign so as to comply with the
standards herein set forth within a reasonable time
specified in such notice, such sign may be removed or
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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. Further, the
Code Enforcement Officer may cause any sign which
is an immediate peril to persons or property to be
removed summarily without notice. In determining
whether an immediate peril exists, the Code
Enforcement Officer shall consider whether a
person may be injured or whether the time in which
the same might be removed pursuant to written
notice. Such signs 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-seizure
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.
D. 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.
SECTION 14. REPEALING CLAUSE.
Ordinance 1313 of the City of West Memphis and all
other ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 15. EMERGENCY CLAUSE
It is hereby found by the City Council of the City of
West Memphis, Arkansas that there is an urgent need to
adopt new regulations regarding the placement of signs
within the City of West Memphis and its planning
jurisdiction. Therefore, an emergency is declared to
exist, and this ordinance being necessary for the
preservation and advancement of the public peace, health,
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r ? ~
~~
b
safety and welfare, shall be in full force and effect from
and after the date of its passage and approval.
PASSED AND APPROVED this _~'~~ day of , 19~,
K TH M. NGRAM, M OR
ATTEST:
i
DAN CRAFT,C L
SPONSORED BY:
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