ARTICLE I. Sec. 98-1. Purpose.
The purpose of this chapter is to provide minimum standards to safeguard life, health, property, public welfare and community aesthetics by regulating and controlling the design and quality of the maintenance of signs visible to public places.
(Code 1973, § 28-1)
Sec. 98-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Banner means any sign, except an awning sign, applied to or made of cloth, paper, fabric, flexible plastic or other fabric-like material that only uses such non-rigid material for backing or background.
Billboard means a freestanding sign not in excess of 600 square feet per sign face area as provided by section 98-61.
Building frontage means the wall of the building that determines where signs can go and how large they can be. Only walls that face a street, driveway, or parking lot, which serves the building use, may be counted as building frontage.
Building inspector means the chief city inspector or his duly authorized representative.
Construction sign means a sign identifying an architect, contractor and/or material supplier participating in construction on the property upon which the sign is located.
Divided highway means a public highway of four or more through traffic lanes with opposing traffic lanes separated by a median area at least 15 feet in width and built to interstate highway standards.
Flashing sign means a sign which contains an intermittent or sequential flashing light source used primarily to attract attention. The term "flashing sign" does not include animated signs or signs which, through reflection of natural or automobile light sources, create an illusion of flashing, intermittent light or signs using movement or change of lighting to depict action or signs on which the copy changes automatically or through mechanical means, e.g., electronic time/temperature displays.
Freestanding sign means a sign supported upon the ground only by its own structural foundation and not attached to any building or other object or structure.
Garage/porch/yard sale sign means a sign advertising the sale of goods from residential property.
Government sign means a sign used solely by a local, state or federal government or agencies thereof or by any public utility company for the purpose of giving notice of matters of public safety or of governmental concerns.
Height of a sign means the vertical distance measured from the highest point of the sign and/or structural foundation to the grade of the adjacent street or of the ground surface grade beneath the sign, whichever grade is lower.
Pennants means triangle pennants or flags on strings; also includes strip pennants, polypennants, slogan pennants and racetrack starter pennants.
Person means any individual, corporation, association, firm, partnership or legal entity whatsoever.
Political sign means a sign advertising any candidate or any position on an issue upon which the citizens of the city may vote.
Projecting sign means a sign other than a wall sign which extends from and/or is supported by a wall or roof of a building or other structure.
Real estate sign means a sign advertising the availability of any particular real property.
Roof sign means a sign erected upon or above a roof or parapet of a building or structure.
Sign means any device, structure, fixture, display field or placard, designed for the display of or displaying graphics, any communicative symbols or message and/or written copy, and the structural foundation thereof which is located outdoors or which is not entirely located under the roof and entirely surrounded by the vertical plane of interior walls, including windows and doors, of a permanent building.
Sign area means the aggregate square-foot area enclosed by the perimeter of the sign face, including framework and decorative roofing or other embellishments but not including structural foundation, with each face contributing to the aggregate area. The sign area of wall signs composed of letters or symbols displayed against the wall as background with no distinguishing background coloration/decoration shall be calculated by measuring the area encompassing all the letters or symbols constituting the sign. The combined areas of the individual figures shall be considered the total sign area.
Sign face means any single planar surface of a sign, including the sign's framework or decorative embellishments, but not including structural foundation.
Sign face area means the aggregate area enclosed by the perimeter of any sign face.
Special occasion sign means a sign advertising a special occasion, such as a family reunion, birth of a child, school play, special church event or similar noncommercial function.
Street island sign means any sign placed in a curbed island in a street right-of-way.
Structural foundation means a structure or supporting member affixed to the premises for the purpose of supporting or displaying a sign but carrying no graphic or communicative symbol other than that within the sign area.
Temporary sign means a sign meeting the requirements of section 98-61.
Traffic/directional sign means a sign bearing only property numbers, post box numbers, names of occupants on premises or words or symbols guiding traffic or parking on private property and having no other message or any commercial connotation.
Wall sign means a sign which is attached to and supported by the vertical wall of a permanent building and which is entirely within a plane which is:
(1) Coplanar with the wall; or
(2) Parallel with the plane of the wall and is removed therefrom only by structural foundation.
(Code 1973, § 28-2; Ord. No. 2291, 6-14-94; Ord. No. 3074, § 1, 3-13-01; Ord. No. 4102, § 1, 8-28-07)
Cross reference(s)--Definitions generally, § 1-2.
State law reference(s)--Traffic control devices shall conform to state specifications, A.C.A. § 27-52-106(2).
Sec. 98-3. Variances.
(a) Upon written application delivered to the chief city inspector and containing such information as he may reasonably require, the board of adjustment may grant variances from the provisions of this chapter with terms and conditions. Variances may be granted for historic, aesthetic or other reasonable cause, which cause shall be stated upon the record.
(b) A variance shall be granted for no more than one sign used or maintained for each separately licensed business on any one lot or parcel.
(Code 1973, § 28-9)
Sec. 98-4. Enforcement.
(a) Any and all persons having express or implied authority over the size, appearance, content and/or location of a sign, together with the landowner and/or lessor of the real property upon which the sign is sited, shall be responsible for causing the sign to be in full compliance with law and shall be jointly and severally liable for any violations of this chapter or other law pertaining to the sign. The real property landowner shall be presumed to be the person recorded as such in county records.
(b) Citations for violations of the provisions of this chapter shall be issued by the chief of police or his designee and/or by the chief city inspector upon proper authority.
(c) Any sign not properly permitted may be removed by the chief of police or the chief city inspector or his designee after due notice to the landowner and failure to comply with the corrections required pursuant to this section.
(Code 1973, § 28-10)
Sec. 98-5. Penalties.
Any person who violates any provision of this chapter shall, upon conviction, be punished as provided by section 1-9. Each day the violation exists shall constitute a separate offense.
(Code 1973, § 28-11; Ord. No. 3828, § 1, 2-14-06)
Sec. 98-6. Severability clause.
Should any section or provision of this chapter be judicially declared to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Any city ordinance or part thereof in conflict with the provisions of this chapter is hereby repealed to the extent of such conflict.
(Code 1973, § 28-12)
Sec. 98-7. Removal of illegal signs.
All unpermitted signs, including signs for which the permit is revoked without appeal or after unsuccessful appeal, shall be removed or brought into full compliance with law within five weekdays; provided, however, and subject to the provisions of section 98-58 that any sign determined by the chief city inspector to present a great and present hazard to public safety shall be removed within one weekday, whether or not appeal is taken from the determination and whether or not any sign permit has been revoked.
(Code 1973, § 28-3(f))
Secs. 98-8--98-30. Reserved.
ARTICLE II. Sec. 98-31. Required.
No sign shall be erected, maintained or utilized within the city except by a permit issued by the chief city inspector. No permit shall issue except for signs in compliance with this chapter. A separate permit shall be required for each sign. In addition, electrical permits shall be obtained for electrical signs.
(Code 1973, § 28-3(a))
Sec. 98-32. Application.
(a) The application for a sign permit shall be made in writing upon forms furnished by the chief city inspector. Such application shall include the location by street and number of the proposed sign structure, the name and address of the owner and the sign contractor or erector, and a description of the sign dimensions, its location on the lot or parcel, and the sign lighting and construction design. A permit decal will be issued upon payment of the appropriate fees and must be displayed in the lower left corner of one face or on the structural support of the sign.
(b) Any permit application for a billboard must be accompanied by a written statement from the record property owner or other proof that permission has been granted for the construction, erection and installation of a sign at that site. The permit for any sign not erected within six months of the date of the permit shall be void.
(Code 1973, § 28-3(b))
Sec. 98-33. Fees.
Permit fees shall be $25.00 for all signs exceeding 200 square feet and $15.00 for all signs of lesser size, except there shall be no permit fee charged for temporary signs or banners.
(Code 1973, § 28-3(c); Ord. No. 4115, 9-25-07)
Sec. 98-34. Inspection; permit revocation.
All signs shall be subject to inspection by the chief city inspector in accordance with law. The chief city inspector may revoke any permit and/or may order any sign removed at any time upon notice and for good cause, including without limitation, for failure to erect, use or maintain the sign in compliance with this chapter.
(Code 1973, § 28-3(d))
Sec. 98-35. Appeal to board of adjustment.
Any revocation or order of the chief city inspector pursuant to this chapter may be appealed to the board of adjustment provided, however, that written notice of appeal must be delivered to the chief city inspector by the appellant within five weekdays following notice of the revocation and/or order. Except during the pendency of a timely appeal, failure to comply with the order of the chief city inspector shall constitute a violation of this chapter.
(Code 1973, § 28-3(e))
Sec. 98-36. Exemptions.
(a) The following signs do not require permits:
(1) Garage or yard sale signs.
(2) Construction signs.
(3) Political signs.
(4) Government signs.
(5) Real estate signs.
(6) Traffic directional signs.
(7) Special occasion signs.
(8) Church, synagogue and/or 501(c)(3) qualified organizations.
(b) Any lawful change of the advertising copy or message on a painted or printed sign which does not cause a structural change shall not require an additional permit.
(Code 1973, § 28-3(g); Ord. No. 3018, § 2, 10-10-00)
Secs. 98-37--98-55. Reserved.
ARTICLE III. Sec. 98-56. Nonconforming uses.
(a) Grace period. Signs in place on the effective date of this chapter which are not in compliance with its terms shall be deemed a nuisance and are required to be removed or brought into full compliance as follows:
(1) Signs not in compliance with sections 98-31, 98-60(a)(3) through (a)(5), 98-60(b) and 98-61 except (a) and (l), within 30 calendar days after the effective date; and
(2) All other nonconforming signs within seven years; provided, however, that within 30 days after the effective date of this chapter, all such signs shall be anchored and/or reinforced in full compliance with the wind-resistance specifications of the zoning ordinance. However, replacements of such nonconforming signs shall be in full compliance with this chapter. Any such sign violating the sections noted in subsection (a)(1) of this section shall have 30 days from such violation to be brought into compliance therewith;
(3) The grace periods herein provided are not applicable to signs described in section 98-58.
(b) Expansion of use. No person shall cause any expansion of use of any nonconforming sign, including without limitation enlargement or illumination of any nonconforming sign. A nonconforming sign shall not be moved or replaced except to bring the sign into complete conformity with this chapter. The message of a nonconforming sign may be changed so long as this change does not create any new or expanded nonconformity.
(Code 1973, § 28-7)
Sec. 98-57. Advertising matter; attaching to property.
No person within the city shall erect, fasten or attach, in any way, any sign, showcard, poster or other advertising device upon any property within the city, unless legally authorized to do so.
(Code 1973, § 22-2)
Sec. 98-58. Abandoned signs, unsafe signs.
(a) Any sign which:
(1) Continues in a state of structural, mechanical or cosmetic disrepair for 30 calendar days after the chief city inspector gives written notice that it constitutes a safety hazard or is a visual blight or eyesore clearly visible from any public right-of-way; or
(2) For 30 consecutive calendar days advertises or gives notice of a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted or is otherwise obsolete; shall be deemed abandoned and shall be removed within 30 days after written notice of abandonment from the chief city inspector.
(b) Any sign presenting a clear and imminent threat to public safety may be summarily removed by the chief city inspector who shall give notice of the action as soon as reasonably possible.
(c) Signs not timely removed in compliance with subsection (a) of this section may be removed by the chief city inspector who shall give reasonable notice of the action.
(d) Persons who, according to the provisions of section 98-4, are responsible for signs removed by the chief city inspector pursuant to subsections (b) and (c) of this section shall be jointly and severally liable for all costs of the removal, which costs shall also constitute a lien against the real property on which the sign is located. The costs shall be paid within five weekdays following notice thereof; provided, however, that appeal may be taken to the city council by written notice delivered to the chief city inspector within five weekdays of notice of the costs. Failure to pay costs when due shall constitute a separate violation of this chapter.
(Code 1973, § 28-8)
Sec. 98-59. Construction requirements generally.
(a) Compliance. The supports for all signs or sign structures shall be securely built, constructed and erected in conformance with the requirements of this Code.
(b) Materials. Materials used for the construction of signs and sign structures shall be of the quality and grade as specified for buildings in the 2000 International Building Code. In all signs and sign structures, the materials and details of construction shall, in the absence of specified requirements, conform with the following: Structural steel shall be of such quality as to conform with Chapter 16, 2000 International Building Code. Secondary members in contact with or directly supporting the display surface may be formed of light gauge steel, provided such members are designed in accordance with the specifications of the design of light-gauge steel as specified in Chapter 16. Secondary members, when formed integrally with the display surface, shall not be less than number 18-gauge in thickness. When not formed integrally with the display surface, the minimum thickness of the secondary members shall be at least number 20-gauge in thickness. The minimum thickness of hot-rolled steel members furnishing structural support for signs shall be at least one-eighth inch. Steel members may be connected with one bolt provided the connection is adequate to transfer the stresses in the members.
(c) Nonstructural trim. Nonstructural trim may be of wood, metal, approved plastics or any combination thereof.
(d) Anchorage.
(1) Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the safe values. Braced ground signs shall be anchored to resist the specified wind load acting in any direction. Anchors and supports shall be designed for safe-bearing loads on the soil. Anchors and supports shall penetrate to a depth belowground greater than that of the frostline.
(2) Signs attached to masonry, concrete or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied.
(3) No wooden block or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage except in the case of signs attached to wood framing.
(e) Restrictions and combustible materials.
(1) All electric signs and electrical sign structures shall have structural members of incombustible materials.
(2) Ground signs may be constructed of any material meeting the requirements of this chapter, except as provided above.
(3) Wall signs, projecting signs, and signs on marquees shall be constructed of incombustible materials, except as provided in this section. No combustible materials other than approved plastics shall be used in the construction of electric signs.
IN GENERAL
PERMIT
CONSTRUCTION AND PLACEMENT
| Clearance (above grade) (feet) | Maximum projection |
| Less than 9 | 2" |
| 9 | 1' |
| 9 to 16 | 1' plus 6" for each foot of clearance in excess of 9' |
| Over 16 | 5' |
(m) Street island signs. Street island signs shall not exceed a height of three feet above the top of the curb; and the maximum sign face area shall not exceed 15 square feet. Such signs may be placed only in curbed street islands or medians with a minimum width of ten feet back-of-curb to opposing back-of-curb.
(n) Church, synagogue and/or 501(c)(3) qualified organization signs. These signs shall be allowed only on premises and may include nonflashing wall or projecting signs with a sign area not to exceed 32 square feet, a nonflashing, freestanding sign no larger than 300 square feet per sign face. Sign height shall not exceed 40 feet.
(Code 1973, § 28-5; Ord. No. 3018, § 3, 10-10-00; Ord. No. 4102, § 2, 8-28-07; Ord. No. 4139, § 1, 12-11-07; Ord. No. 4153, § 1, 1-8-08)
Sec. 98-62. Wind-resistance construction specifications.
(a) Generally.
(1) Signs and sign structures shall be designed and constructed to resist wind as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to overstress any of the elements thereof.
(2) The overturning moment produced from lateral forces shall in no case exceed two-thirds of the dead-load-resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in the determining of the dead-load-resisting moment. Such earth shall be carefully placed and thoroughly compacted.
(b) Windloads. For the purpose of design, wind pressure shall be taken upon the gross area of the vertical projection of all signs and sign structures at not less than 30 pounds per square foot for those portions less than 60 feet above the ground and at not less than 45 pounds per square foot for those portions more than 60 feet above the ground. In calculating wind pressure on curved surfaces, such as cylindrical or spherical signs or sign structures, this pressure shall be assumed to act on six-tenths of the projected area. In all open-frame signs or sign structures, the area used in computing wind pressure shall be 1 1/2 times the net area of the framing members exposed to the wind.
(c) Combined loads. Wind loads need not be combined in the design of signs or sign structures, only that loading producing the larger stresses need be used. Vertical design loads shall be assumed to be acting simultaneously with the wind loads.
(d) Allowable stresses. The design of steel, concrete or wood members shall conform to the requirements of Chapters 16--23 of the International Building Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in Chapter 18, Section 1804.
(Code 1973, § 28-A-1; Ord. No. 3957, § 3, 9-26-06)
Sec. 98-63. Zone restrictions.
(a) Residential districts R-E, SF-1, SF-2, SF-3, SF-4, MF-2, MF-4, MF-12, MF-16, MF-24, O-1, MHP.
(1) All residential districts:
a. All signs shall be displayed without lighting having a primary purpose or primary effect of lighting the sign.
b. All signs shall be located on premises currently used and controlled by the person having use and control of the sign message.
(2) R-E, SF-1, SF-2, SF-3 districts:
a. No signs shall be erected, used or maintained except exempt signs as provided by section 98-36 and except one sign per parcel denoting the name of a subdivision, which sign (one per use unit) shall not exceed 128 square feet in sign face area and except signs denoting uses per use units 2, 3 or 4, which signs shall not exceed 32 square feet in total sign area.
b. No home occupation signs are allowed.
(3) SF-4, MF-2, MF-4, MF-12, MF-16, MF-24, MHP:
a. No signs are permitted except those exempt per section 98-36 and as to each public right-of-way abutted by any lot or parcel:
1. Any sign type denoting only the name and address of an apartment building, housing complex, subdivision or mobile home park, which shall not exceed a sign area of 128 square feet and a height of 12 feet;
2. Any sign type located on business premises, which sign does not exceed six square feet per sign-face area and 12 square feet in sign area and 12 feet in height; and
b. No more than one temporary sign or banner shall be displayed per each public right-of-way abutted by the lot or parcel of any business, park, housing complex or subdivision.
c. No home occupation signs are allowed.
(b) Neighborhood office O-1; neighborhood commercial C-1; and agricultural A-1. No signs are permitted except those exempt per section 98-36 (subject to section 98-61), and:
(1) Each lot or parcel shall contain, for each separately licensed business located thereon, no more than:
a. One nonflashing wall or projecting sign per building frontage. The sign area shall not exceed 32 square feet. Sign height shall not exceed 40 feet;
b. One temporary sign or banner; and
c. One real estate sign. The sign area shall not exceed 32 square feet. Any billboard, wall sign or projecting sign duly permitted hereunder may advertise real estate.
(2) Each lot or parcel shall contain no more than one billboard per every 1,320 feet of frontage on a public thoroughfare or fraction thereof, except that no billboards shall be allowed in any O-1 or A-1 district.
(c) Downtown C-3; planned commercial C-4; warehouse W-1; light industrial I-1; heavy industrial I-2; planned industrial I-3. No signs are permitted except those exempt per section 98-36 (subject to section 98-61), and:
(1) Each lot or parcel shall contain, for each separately licensed business located thereon, no more than:
a. One nonflashing, projecting or wall sign per building frontage. The sign area shall not exceed 300 square feet. Sign height shall not exceed 60 feet;
b. One nonflashing, freestanding sign no larger than 400 square feet per sign face;
c. One temporary sign or banner; and
d. One real estate sign. The sign area shall not exceed 32 square feet. Any billboard, freestanding sign, wall or projecting sign duly permitted hereunder may advertise real estate.
(2) Each lot or parcel shall contain no more than one billboard per every 1,320 feet of frontage on a public thoroughfare, or fraction thereof, except that no billboards shall be allowed in any C-3 district.
(3) Special visibility district: The special visibility district consists of a district determined by the planning commission and designated on the zoning map by ordinance enacted by the city council, in which signs of a maximum height of 100 feet and maximum sign face area of 300 square feet shall be allowed.
(d) General commercial (C-2); open display district (C-5). No signs are permitted except those exempt per section 98-36 (subject to section 98-61), and:
(1) Each lot or parcel shall contain, for each separately licensed business located thereon, no more than:
a. One nonflashing, projecting or wall sign per building frontage. The sign area shall not exceed 300 square feet. Sign height shall not exceed 60 feet;
b. One nonflashing, freestanding sign no larger than 400 square feet per sign face;
c. One temporary sign or banner; and
d. One real estate sign. The sign area shall not exceed 32 square feet. Any billboard, freestanding sign, wall or projecting sign duly permitted hereunder may advertise real estate.
(2) Each lot or parcel with street frontage may have one nonflashing, freestanding sign no larger than 400 square feet per sign face for use by all businesses located on any adjacent property, provided the adjacent property owner has a separately licensed business and a properly executed and recorded easement or lease agreement, or is the owner of the property on which the sign is to be located.
(3) Each lot or parcel shall contain no more than one billboard per every 1,320 feet of frontage on a public thoroughfare, or fraction thereof.
(4) Special visibility district: The special visibility district consists of a district determined by the planning commission and designated on the zoning map by ordinance enacted by the city council, in which signs of a maximum height of 100 feet and maximum sign face area of 300 square feet shall be allowed.
(Code 1973, § 28-6; Ord. No. 3074, §§ 2, 3, 3-13-01; Ord. No. 3534, § 1, 7-13-04; Ord. No. 3770, § 1, 10-11-05; Ord. No. 4102, § 3, 8-28-07; Ord. No. 4153, § 3, 1-8-08)
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