SPRINGDALE CODE OF ORDINANCES: ARTICLE III. CONSTRUCTION AND PLACEMENT

Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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(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.

(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.

(Code 1973, § 28-A-2; Ord. No. 3957, § 1, 9-26-06)

Sec. 98-60. General requirements for all signs.

(a) Prohibited signs. No sign shall be permitted, erected, used or maintained in the city which:

(1) Is not constructed in full compliance with the 2000 International Building Code and the electrical wiring standards of National Electrical Code and with the approved plastic materials specified in the 2000 International Building Code, as applicable, and with the requirements of section 98-62, whichever is more restrictive, and with all other applicable provisions of this chapter and the city code except signs exempt from permit requirements of article II of this chapter and except as otherwise herein provided.

(2) Is not permanently attached and anchored in full compliance with the construction requirements of this chapter and the 2000 International Building Code, whichever is more restrictive, except for signs exempt from permit requirements of article II of this chapter and except for temporary signs.

(3) Contains or consists of such animation, flashing or focused light, lighting, noise or illumination of such intensity so as to impair the safety of the public, unduly disturb the use of any property or otherwise constitute a nuisance or hazard or is constructed, erected, used and/or maintained so as to be an obstruction of vision near any driveway, parking lot or roadway or interferes with, obstructs the view of or is likely to be confused with any authorized traffic sign, signal or device by such location as may interfere with, mislead or confuse traffic.

(4) No longer identifies a bona fide business, service, current interest or activity.

(5) Is in a state of structural, mechanical or cosmetic disrepair such that it does not meet the construction standards hereof or such that it is a visual blight or eyesore clearly visible from public rights-of-way.

(b) Prohibited locations. No sign shall be erected, used or maintained which is:

(1) Located within an eight-foot radial clearance from overhead electrical conductors which are energized from zero to 750 volts or within a ten-foot radial clearance from any conductors energized at more than 750 volts (the term "overhead electrical conductors" as used in this section shall include any electrical conductor, either bare or insulated, installed above the ground except such conductors as are enclosed in iron pipe or other metal covering of equal strength).

(2) Located within ten feet of a fire hydrant.

(3) Located on public property, within or above any public property or right-of-way or upon any utility pole unless placed by authorization of a government agency.

(4) Attached to any rock or tree.

(5) Erected upon or directly above the roof of any building which is unsafe in the reasonable judgment and determination of the chief city inspector.

(1) Front setback: All signs shall be placed so that the leading edge of the sign shall be setback a minimum of two feet behind the proposed street right-of-way line as outlined in the adopted master street plan.

(2) Side setback: All signs shall be set back a minimum of ten feet from the nearest side property line.

(3) Exceptions: The setback requirements of this section shall not apply to:

a. Wall signs which otherwise conform to all provisions of this chapter and which are mounted on building walls lawfully sited within the setback space.

b. Street island signs which otherwise conform to the provisions of this chapter which shall be set back a minimum of four feet from any edge of the sign to the back of any curb of the island.

(Code 1973, § 28-4; Ord. No. 3312, § 1, 4-8-03; Ord. No. 3957, § 2, 9-26-06)

Sec. 98-61. Requirements for specific sign types.

(a) Billboards. No billboard shall be constructed, erected, used or maintained within the city except in compliance with the following provisions:

(1) Billboards shall be located only in specified commercial and industrial zones and shall not be placed within 300 feet of any residential zone.

(2) Each billboard shall have a maximum of two sign faces, one per side, supported by the same structural foundation. Each face shall have a maximum total area of 300 square feet, except that billboards located adjacent to a divided highway may have a maximum sign face area of 600 square feet. All measurements shall include sign face framework and decorative or other additions.

(3) No billboard shall be located within 1,320 feet of another billboard.

(4) No billboard shall exceed 45 feet in total height.

(5) No billboards shall be permitted in A-1 agricultural or C-3 central commercial zoning districts.

(b) Construction signs. Construction signs shall have a maximum sign face area of 32 square feet and a maximum sign area of 64 square feet. All such signs shall be removed within five days of completion of the project.

(c) Garage, porch or yard sale signs. Garage, porch or yard sale signs shall advertise only occasional residential sales of used goods. Each sign shall be freestanding and shall have maximum sign-face dimensions of 24 inches by 24 inches, shall have a maximum sign area of eight square feet and shall have a maximum height of 24 inches. Each sign shall meet all requirements specified for temporary signs and banners, except that it shall be erected no more than two days prior to the first date of the sale and will be removed by the beginning of the first business day following the last day of the sale and shall be displayed without lighting having a primary purpose or effect of illuminating the sign.

(d) Government signs. Government signs shall be exempt from the provisions of this chapter.

(e) Neon signs. Neon signs shall have an enclosed, vented transformer box and shall be constructed according to standard industry safety practices. For purposes of this provision, the term "neon signs" shall include all signs using neon gas whether or not located inside or outside of a permanent building.

(f) Political signs. Political signs shall not be required to meet all requirements specified for temporary signs and banners, but shall be dismantled and removed within three days after the date of the election.

(g) Projecting signs. Projecting signs shall be located a minimum of ten feet from any other such sign and shall not exceed 32 square feet in sign face area.

(h) Real estate signs.

(1) Real estate signs in residential zones will be displayed only on the premises being advertised and will not exceed a maximum sign-face area of six square feet and maximum sign area of 12 square feet; provided, however, that any sign giving notice of and directions to any open house being shown for sale may be displayed off the premises advertised so long as it is otherwise maintained in full compliance with the size requirements of this subsection and the removal provisions of subsection (c) of this section. A total of two riders are allowed per panel.

(2) Real estate signs in all other zones will be displayed only on the premises being advertised and will not exceed a maximum sign area of 32 square feet.

(i) Special occasion signs. Special occasion signs shall advertise only occasional, noncommercial special events of no more than seven days' duration. Each sign shall meet the requirements of subsection (j) of this section, except that it shall be erected no more than seven days prior to the first day of the special occasion or event and shall be removed by the end of the third day after the end of the special occasion or event.

(j) Temporary signs and banners. A temporary sign is a sign that is used only temporarily and is not permanently mounted, and that can be used only for a designated period of time. A banner is 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. Signs and banners for special events, or the opening of businesses, are permitted provided that:

1. A temporary use permit is obtained;

2. Such signs and banners are prohibited upon public rights-of-way and may not be placed so as to obstruct a driver's ability to view oncoming traffic from any direction at an intersection;

3. Temporary sign and banner permits shall be limited to a duration of 60 total days per calendar year with four permits of 15 consecutive days allowed each calendar year;

4. No more than four temporary sign or banner permits shall be issued within any 12-month period for the same business in the same location;

5. A newly established business may be issued a temporary use permit for the initial opening of a business for a period that shall end not later than 60 days after issuance of the first business license for that business in that location or from the issuance of a Certificate of Occupancy for that location;

6. Temporary signs and banners may be attached to and parallel with a wall of the building on which wall signs are permitted and shall not exceed 32 square feet in surface area; and ground mounted signs, when allowed, shall not exceed 16 square feet per sign face;

7. There shall be only one temporary sign or banner, plus one additional sign or banner for street frontage on a second public street, provided that the frontage on that street is at least 150 feet in length and that an actual entrance to the site is permitted on such street.

8. "Not-for-profit" special events, such as those associated with civic, philanthropic, educational purposes, and religious purposes shall be allowed a temporary sign or banner, regardless of whether a temporary use permit is required, provided that:

a. Only one such sign or banner shall be allowed per property per event;

b. Such sign or banner shall be located only on private property;

c. Such sign, if a ground sign, shall be limited to 42 inches in height and 16 square feet in area per side;

d. Such sign, if attached to a wall, shall be limited to 32 square feet in area per side; and

e. Such sign or banner shall be erected no sooner than five days preceding the event and shall be removed no later than one day following the event.

(k) Traffic/directional signs. Traffic/directional signs shall not exceed three square feet in area except upon a special permit issued by the chief city inspector upon showing of clear necessity and shall be permissible in all zones.

(l) Wall signs. No wall sign shall extend above any adjacent parapet or roof of the supporting building nor exceed a sign area of 300 square feet or 30 percent of the area of the wall face on which the sign is located, whichever is less. Wall signs shall be mounted in compliance with the specifications of Table No. 1:

TABLE NO. 1 PROJECTION OF WALL SIGNS FROM BUILDING WALL

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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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'