0838
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ORDINANCE NO. 838
AN ORDINANCE PROVIDING ADDITIONAL PROVISIONS REGARDING THE
ERECTION, MAINTENANCE OR USE OF ANY OUTDOOR ADVERTISING DEVICES
AND/OR SIGNS; AMENDING ORDINANCE NO. 213; AND FOR OTHER PURPOSES.
WHEREAS, the current provisions regarding signs of the
Jacksonville Municipal Code does not provide for the efficient and
effective control of the use of outdoor advertising devices and/or
signs; and,
WHEREAS, the increase in population and businesses in the
Jacksonville city limits has brought about the necessity of revis-
ing and amending the current Ordinance to provide for the health,
safety and welfare of the citizens of Jacksonville; and,
WHEREAS, a committee formed of members of the Jacksonville
Planning Commission, the City Council, local businesses and
industry, and various City employees have proposed the following
amendments, deletions, and revisions of the sign ordinance; and,
WHEREAS, the Jacksonville Planning Commission has approved
and recommended the Committee's recommendations and encourages the
City Council to include said provisions in the Jacksonville
Municipal Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1: Ordinance No. 213 shall be amended to include
the following amendments, deletions, and revisions:
I. DEFINITIONS:
Abandoned Sign. A sign which no longer identifies or
advertises a bona fide business, lessor, service, owner, product,
or activity, and/or for which no legal owner can be found.
Animated Sign. Any sign which uses movement or change of
lighting to depict action or to create a special effect or scene
(compare "Flashing Sign").
Awning. A shelter projecting from and supported by the
exterior wall of a building constructed of nonrigid materials on a
supporting framework (compare "Marquee").
Banner Sign. A sign made of fabric or any nonrigid
material with no enclosing framework.
Billboard. (See "Off-Premise Sign").
Changeable Copy Sign (Automatic). A sign on which the copy
changes automatically on a lampbank or through mechanical means,
e.g., electrical or electronic time and temperature units.
Changeable Copy Sign (Manual). A sign on which copy is
changed manually in the field, e.g., readerboards with changeable
letters.
City. The City of Jacksonville, Arkansas.
Clearance (of a Sign). The smallest vertical distance bet-
ween the grade of the adjacent street or street curb and the
lowest point of any sign, including framework and embellishments,
extending over that grade.
Construction Sign. A temporary sign identifying an archi-
tect, contractor, subcontractor, and/or material supplier par-
ticipating in construction on the property upon which the sign is
located.
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Directional/Information Sign. An on-premise sign giving
directions, instructions, or facility information and which may
contain the name or logo of an establishment but no advertising
copy, e.g., parking or exit and entrance signs.
Double-Faced Sign. A sign with two faces.
Facade. The entire building front including the parapet.
Flashing Sign. A sign which contains an intermittent or
sequential flashing light source used primarily to attract atten-
tion. Does not include changeable copy signs, animated signs, or
signs which, through reflection or other means, create an illusion
of flashing of intermittent light (compare "Animated Sign",
"Changeable Copy Sign").
Freestanding Sign. A sign supported upon the ground by
poles or braces and not attached to any building.
Garage Sale Sign. A sign advertising the sale of used
goods at a private residence held no more than twice a year.
Government Sign. Any temporary or permanent sign erected
and maintained by the city, county, state, or federal government
for traffic direction or for designation of or direction to any
school, hospital, historical site, or public service, property, or
facility.
Height (of a Sign). The vertical distance measured from
the highest point of the sign, excluding decorative embellish-
ments, to the grade of the adjacent street or the surface grade
beneath the sign, whichever is less (compare "Clearance").
Illegal Sign. A sign which does not meet the requirements
of this code and which has not received legal nonconforming
status.
Illuminated Sign. A sign with an artificial light source
incorporated internally or externally for the purpose of illumi-
nating the sign.
Incidental Sign. A small sign, emblem, or decal infol.luing
the public of goods, facilities, or services available on the pre-
mises, e.g., a credit card sign or a sign indicating hours of
business.
Maintenance. For the purposes of this Ordinance, the
cleaning, painting, repair, or replacement of defective parts of a
sign in a manner that does not alter the basic copy, design, or
structure of the sign.
Marquee. A permanent roof-like structure or canopy of
rigid materials supported by and extending from the facade of a
building (compare "Awning").
Nonconforming Sign. (1) A sign which was erected legally
but which does not comply with subsequently enacted sign restric-
tions and regulations. (2) A sign which does not conform to the
sign code requirements but for which a special permit has been
issued.
Off-Premise Sign. A sign structure advertising an
establishment, merchandise, service, or entertainment, which is
not sold, produced, manufactured, or furnished at the property on
which said sign is located, e.g., "billboards" or "outdoor
advertising".
Outdoor Advertising Device. Any device, fixture, struc-
ture, or placard using graphics, symbols, and/or written copy
designated for the purpose of advertising or identifying any
establishment, goods, product, or service to be affixed,
constructed, or maintained outdoors.
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Owner. A person recorded as such on official records. For
the purposes of this Ordinance, the owner of property on which a
sign is located is presumed to be the owner of the sign unless
facts to the contrary are officially recorded or otherwise brought
to the attention of the Code Enforcement Office, such as a sign
leased from a sign company.
Person. For the purposes of this Ordinance, any indivi-
dual, corporation, association, firm, partnership, or similarly
defined interest.
Political Sign. For the purposes of this Ordinance, a tem-
porary sign used in connection with a local, state, or national
election or referendum.
Portable Sign. Any sign designed to be moved easily and
not permanently affixed to the ground or to a structure or
building.
Real Estate Sign. A temporary sign advertising the real
estate upon which the sign is located as being for rent, lease, or
sale.
Roof Sign. Any sign erected over or on the roof of a
building (compare "Mansard", "Wall Signs").
Spot Light Illumination. Illumination which comes from
lamps, lenses, or devices designed to focus or concentrate the
light rays of the source.
Sign. Any device, structure, fixture, or placard using
graphics, symbols, and/or written copy designed specifically for
the purpose of advertising or identifying any establishment, pro-
duct, goods, or services.
Sign, Area of. (1) Projecting and Freestanding: The area
of a freestanding or projecting sign shall have only one face (the
largest one) of any double or multi-faced sign counted in calcu-
lating its area. The area of the sign shall be measured as follows
if the sign is composed of one or two individual cabinets:
(a) The area around and enclosing the perimeter of each
cabinet or module shall be summed and then totaled to determine
total area. The perimeter of measurable area shall not include
embellishments such as pole covers, framing, decorative roofing,
etc., provided that there is not written advertising copy on such
embellishments.
(b) If the sign is composed of more than two sign cabinets
or modules, the area enclosing the entire perimeter of all cabi-
nets and/or modules within a single, continuous geometric figure
shall be the area of the sign. Pole covers and other embellish-
ments shall not be included in the area of measurement if they do
not bear advertising copy.
(2) Wall Signs: The area shall be within a single, con-
tinuous perimeter composed of any straight line geometric figure
which encloses the extreme limits of the advertisng message. If
the sign is composed of individual letters or symbols using the
wall as the background with no added decoration, the total sign
area shall be calculated by measuring the area within the peri-
meter of each symbol or letter. The combined areas of the indivi-
dual figures shall be considered the total sign area.
Subdivision Identification Sign. A freestanding or wall
sign identifying a recognized subdivision, condominium complex, or
residential development.
Temporary Sign. A sign not constructed or intended for
long-term use.
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Use. The purpose for which a building, lot, sign, or
structure is intended, designed, occupied, or maintained.
Window Sign. A sign installed inside a window and intended
to be viewed from the outside.
II. GENERAL:
A) Scope of Regulations.
No outdoor advertising device and/or sign shall be erected,
maintained, or utilized within the city limits of the City of
Jacksonville unless it is in compliance with the provisions of
this Code.
B ) Perm its .
No sign shall be affixed, erected, or installed until a
permit has been obtained from the Code Enforcement Office of the
City of Jacksonville. A permit decal will be issued upon payment
of the appropriate fees and must be displayed in the lower left
corner of the face of the sign. Permit fees are as shown on the
Chart in Section III, C(7) of this Ordinance.
Any Permit application for billboard advertising must be
accompanied by a written statement from the record property owner
that permission has been granted for the construction, erection
and installation of a sign at that site.
EXCEPTIONS: Any sign(s) and/or outdoor advertising device
which meets the definition(s) below does not require a permit:
Carport, Garage or Yard Sale; Construction Signs; Memorials;
Political Signs; Public Signs; and Real Estate Signs.
III.
CONFORMANCE:
A) General.
No outdoor advertising device and/or sign shall be
constructed, erected and/or maintained unless it is in compliance
with all regulations of the Jacksonville Municipal Code for the
zone in which the sign is located.
No outdoor advertising device and/or sign shall constitute
a hazard and/or nuisance because of animation, flashing, focus,
glare, light, noise, or an illuminating sign of such intensity of
illumination so as to unduly disturb the use of any property. No
outdoor advertising device and/or sign shall be constructed,
erected, and/or maintained so as to be an obstruction of vision
near any driveway, parking lot, or roadway. A clear line of
vision will exist between three (3) feet and ten (10) feet above
the existing grade.
No outdoor advertising device and/or sign will be
constructed, erected, maintained or attached to any other free
standing structure, public rights of way, public signs, public
utility poles, or trees.
B) Specific.
(1) Billboards (Also Known As Off-Premises Signs). No
billboards or off-premises sign will be constructed, erected, or
maintained within the City limits unless it is approved by the
Board of Adjustment and complies with the following provisions:
a) Billboards will be allowed in areas zoned "C-2",
"C-3", "C-4", "M-l", and "M-2", provided the sign
structure is not located within three hundred (300)
feet of an "R_O", "R-l", "R-2", "R-3", "R-4", or
"R-5" Zone.
b) The area of any billboard will not exceed a
maximum of eighteen (18) feet vertically and fifty-
five (55) feet horizontally and will not display more
than two (2) advertisements per face.
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c) No billboard will be located within one thousand
(1,000) feet of another billboard and in no event
will there be more than four (4) billboards within
the space of one (1) mile on the same side of the
roadway. No billboard will be located within two
hundred fifty (250) feet of a line drawn perpen-
dicular to the right-of-way from another billboard on
the opposite side of the roadway.
d) No billboard will exceed forty-five (45) feet in
height. Height measurements will be made from ground
level at the base of the sign support nearest the
roadway to the top of the supporting structure of the
sign face or top of column, whichever is higher.
e) Billboards in existance at the time of passage
of this Ordinance in a state of disrepair will con-
form to the following:
1. A sign face of one hundred (100) square
feet or more will be supported by a maximum of two
(2) structural steel or other durable metal columns.
2. The face, columns and foundation of the
sign will be designed to withstand a seventy (70)
mile an hour wind acting against the full face of the
sign.
3. The front edge of a billboard will not be
any closer to the front property line than the
appropriate set back requirements for the zone in
which the billboard is located and the side of the
sign will not be any closer than five (5) feet from
the side lot line.
4. The structural integrity of the proposed
structure will be designed and certified by a pro-
fessional engineer registered in the state of
Arkansas.
(2) Carport, Garage, Porch, or Yard Sales Signs. Any signs
advertising these types of sales are restricted to free standing
signs. These signs will have a maximum area of twenty-four (24)
inches by twenty-four (24) inches, will not stand any higher than
twenty-four (24) inches. Any sign advertising this type of sale
will be erected no more than two (2) 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.
(3) Construction Signs. Any sign identifying the persons, firms,
or corporations involved in the construction of the structure
currently under construction shall be displayed on the construc-
tion site and shall not exceed a maximum size of thirty-two (32)
square feet. In addition, a bulletin board will be provided on
the construction site for the location of all required posted
notices and permits. All boards and/or signs shall be removed
within five (5) days of completion of the project.
(4) Memorial Signs. Any sign, tablet, or etching on a building
or location marking or denoting a historical occasion of some kind
shall be allowed when cut into the surface of the building or
location or a historical marker is erected upon the site with the
approval of the City Engineer's Office.
(5) Political Signs. No outdoor advertising device and/or
signs advertising the candidacy of any person, subject, or thing
will be constructed, erected, and/or affixed more than sixty (60)
days before the date of the election and shall be dismantled and
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removed within ten (10) days after the date of the election. All
outdoor advertising devices and/or signs advertising the candidacy
of any person, subject, or thing must comply with all other provi-
sions of this Code, except as follows:
A) No political signs constructed, erected, or maintained
in areas zoned C-l, C-2, C-3, C-4, M-l, or M-2 shall exceed a
maximum of sixteen (16) square feet; the height of the sign shall
not exceed a maximum of twenty (20) feet; and the front edge of
the sign shall not extend beyond the applicable set-back require-
ments.
(6) Portable Signs. The use of any sign or outdoor advertising
device designed for temporary use and not permanently attached to
the ground or a structure is prohibited.
(7) Public Signs. Any sign utilized by a local, state, or
federal government agency or a public service company for the
purpose of notifying the public of service, danger warnings,
safety features, etc. or of a building permit, zoning, variance
requests, etc. shall be allowed by right.
(8) Real Estate Signs. All signs advertising the availability
of any particular residential property will be displayed only on
the premises being advertised and will not exceed a maximum size
of six (6) square feet. Any signs located in areas zoned other
than residential shall comply with the provisions applicable to
that particular zone.
EXCEPTIONS: Directive Signs - Any open house sign located
off of the premises being advertised will be erected and main-
tained in accordance with the provisons of the Jacksonville Real
Estate Council.
(9) Religious/Charitable Institutions Signs. Any sign or out-
door advertising device promoting any charitable or religous
institutions shall not exceed thirty-two (32) square feet in area
and shall be located on the premises of said institution unless
approved by the City Engineer.
(10) Spot Light(s). Use of light(s) (illumination) as an out-
door advertising device will be by permit only, to be obtained
from the City Engineer, and will comply with all other provisions
of this Ordinance.
C) Zone-By-Zone
(1) R-O, R-l, R-IA, R-2, R-3, R-4, and R-5 (Residential Districts)
(a) A home occupation and non-illuminated sign shall not
exceed two (2) square feet in area and shall be located on the
premises.
(b) In an R-3 zone, any sign or outdoor advertising device
shall denote the name and address of the apartment complex, shall
not exceed the maximum size of thirty-two (32) square feet, and
the City Engineer shall have approval of the sign's design and
location.
(c) In an R-4 zone, a non-illuminating sign denoting the
mobile home park's name and address shall be located on the premi-
ses and shall not exceed a maximum size of thirty-two (32) square
feet and the City Engineer shall have approval of the sign's
design and location.
(d) Subdivision sign. On-site, informative signs denoting
the subdivison name with design and location to be approved by the
City Engineer are allowed.
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(2) C-l (Quiet Business District)
(a) Each business shall be allowed one attached, non-
flashing illuminated or non-illuminated on-site sign describing
products sold on the premises or services rendered in the
building. The sign shall meet the following requirements: the
area of the sign shall not exceed sixteen (16) square feet; the
height of the sign shall not exceed the height of the structure or
twenty (20) feet, whichever is lower; and the front edge of the
sign shall not extend beyond the applicable set-back requirements.
(b) An additional on-site free-standing sign of equal size
will be allowed, provided the side set back will not be closer
than ten (10) feet to the property lines.
(c) Any corner lot in this zoning classification will be
allowed one conforming sign for each road frontage area that the
property faces.
(3) C-2 (Shopping Center District)
(a) Each business shall be allowed one attached, non-
flashing illuminated or non-illuminated on-site sign describing
products sold on the premises or services rendered in the
building. The sign shall meet the following requirements and pro-
visions: the area of the sign shall not exceed a maximum of two
hundred (200) square feet; the height of the sign shall not exceed
ten (10) feet above the height of the structure or forty-five (45)
feet, whichever is lower; and the front edge of the sign shall not
extend beyond the applicable set back requirements.
(b) An additional on-site free-standing sign not to exceed
one hundred (100) square feet, total, will be allowed provided the
side set-back will not be closer than ten (10) feet to the pro-
perty line.
(c) Any corner lot in this zoning classification will be
allowed one conforming sign for each road frontage area that the
property faces.
(4) C-3 (Commercial District)
(a) Each business shall be allowed one attached, non-
flashing illuminated or non-illuminated on-site sign describing
products sold on the premises or services rendered in the building.
The sign shall meet the following requirements and provisions:
the area of the sign, together with any permitted identification
sign, shall not exceed a maximum of two hundred (200) square feet;
the height of the sign shall not exceed ten (10) feet above the
height of the structure or forty-five (45) feet, whichever is
lower; and the front edge of the sign shall not extend beyond the
applicable set back requirements.
(b) An additional on-site free-standing sign of two
hundred (200) square feet, total, will be allowed provided the
side set-back will not be closer than ten (10) feet to the pro-
perty lines.
(c) Any corner lot in this zoning classification will be
allowed one conforming sign for each road frontage area that the
property faces.
(5) C-4 (Highway Commercial District)
(a) Each business shall be allowed one attached, non-
flashing illuminated or non-illuminated on-site sign describing
products sold on the premises or services rendered in the building.
The sign shall meet the following requirements and provisions:
the area of the sign, together with any permitted identification
sign, shall not exceed a maximum of two hundred (200) square feet;
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the height of the sign shall not exceed ten (10) feet above the
height of the structure or forty-five (45) feet, whichever is
lower; and the front edge of the sign shall not extend beyond the
applicable set back requirements.
(b) An additional on-site free-standing sign of equal size
will be allowed provided the side set-back will not be closer than
ten (10) feet to the property lines.
(c) Any corner lot in this zoning classification will be
allowed one conforming sign for each road frontage area that the
property faces.
(6) M-l and M-2 (Industrial District)
(a) Each business shall be allowed one non-flashing
illuminated or non-illuminated on-site sign describing products
sold on the premises or services rendered in the building. The
sign shall meet the following requirements and provisions: the
area of the sign, together with any permitted identification sign,
shall not exceed a maximum of three hundred (300) square feet; the
height of the sign shall not exceed ten (10) feet above the height
of the structure or forty-five (45) feet, whichever is lower; and
no edge of the sign shall extend beyond the ten (10) foot set back
requirement from any and all property lines.
(7) Chart
See page Nine (9) of this Ordinance for all applicable data.
IV. NON-CONFORMANCE
A) General.
(1) Any sign, or outdoor advertising device in existence or
under construction at the time of passage of this Ordinance which
does not meet the provisions contained herein will be removed
and/or repaired within one hundred eighty (180) days after written
notification from the City Engineer so as to be in compliance with
the provisions of this Ordinance, subject to the following provi-
sions:
(a) Any non-conforming sign and/or outdoor advertising
device previously approved by the Board of Adjustment, the
Jacksonville Planning Commission, or any other appropriate
governing body shall continue to remain in existence for as long
as the sign or advertising device is maintained in a suitable and
proper condition.
(b) Any owner or authorized person maintaining,
possessing, and/or utilizing a non-conforming sign and/or outdoor
advertising device may file a written request for a variance or
waiver, together with any applicable data and fees, with the City
Clerk for presentation of said request to the Board of Adjustment
for a determination on the request. If a variance request has
been filed, no enforcement action will be taken by the City until
a final determination is made by the Board of Adjustment on the
request. Any decision made by the Board of Adjustment can be
appealed to a Pulaski County Chancery or Circuit Court.
(c) When any sign or outdoor advertising device falls into
a state of disrepair or is deemed structurally unsafe by the City
Engineer, the sign must be repaired and/or removed within five (5)
days of written notice of said disrepair or unsafe condition.
v. ENFORCEMENT AND PENALTIES
A) Enforcement. The City Engineer and the Code Enforce-
ment Officer, or their duly authorized agents, are responsible
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for the enforcement of the provlslons of this Ordinance and are
authorized and directed to take any and all reasonable measures to
insure compliance and effective enforcement of the provisions of
this Ordinance. Citations will be issued to the responsible party
(owner, applicant, etc.) for violations of any of the applicable
provisions of this Ordinance under the direction or guidance of
the City Engineer or Code Enforcement Officer.
Any determinations made by the Code Enforcement Office or
the City Engineer can be appealed to the Board of Adjustment by
making a written request together with all applicable data and
fees, to the City Clerk for a final determination from the Board
of Adjustment.
B) Penalties. Any sign and/or outdoor advertising device
in violation of any of the provisions of this Ordinance shall be
cited for violation of the Ordinance and fined in the amount of
Twenty-five ($25.00) for each offense. Each day the violation
exists will be considered a separate offense, subject to addi-
tional citations and fines.
In addition, any money expended by the City in repairing,
dismantling, or removing any non-conforming signs or outdoor
advertising device under the provisions of the Ordinance shall be
recovered from the responsible party upon presentation of a state-
ment of the costs involved at the time a citation is issued.
Failure to reimburse the City for any money expended shall be con-
sidered a violation of this Ordinance and shall be subject to
citations and fines as prescribed above.
SECTION 2: Any and all ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 3: It is declared that an emergency exists and
this Ordinance, being necessary for the immediate preservation of
the public peace, health, safety, and welfare of the citizens of
Jacksonville, Arkansas, shall take effect and be in force from and
after its passage.
APPROVED AND ADOPTED THIS
/~~
DAY OF
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1987.
CITY OF JACKSONVILLE, ARKANSAS
ATTEST:
..-J
BY: \ D~
TOMMY SWA~AY0R
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~ ~.. {~
LULA M. LEONARD, ~TY CLERK
APPROVED AS TO FORM:
KEITH VAUGHAN, CITY ATTORNEY
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--- ---- ----
R-O, R-l R-2 R-3 R-4 R-5 C-l C-2
R-1A
----
-------
A-l
-Max irnum Size
(Sq. Ft.)
50
Maximum Height 30 3
-- ----- -----
Illuminated X 0
Non_Illuminated X
- -------'= -
Flashing and/or
Animation 0
Engineer's Appro-
val Requirement R
Off site
----
on site
~.--
.. set-Back
Requirements
o
x
10
permit Fee R
-- ----
Fee cost $15
1000
Minimum
spacing
( Fee t)
666
---- ----
333
6 16 200
---- ----
3 20 45
6
x X
-------
o 0
R R
o
x
10
N
N
1
per
Lot
o
o
o
o
x
X
X
----
o
o
o
R
R
R
o
o
o
o
x
X
X
x
10
10
10
10
N
N
N
N
N
N
N
1
per
Lot
1
per
Lot
1
per
Lot
1
per
Lot
x
x
o
R
o
x
x
x
C-3
C-4
M-1
----
M-2
---
---- ----
200 200 300 300
----
o
R
o
x
10 10
R
N
$5
2
per
Lot
---- ----
v ::: Allowed
N ::: Not Required
R
45
45
x
X
-
X
-- -------
R ::: Required
x X
o 0
--
R R
------
o
o
X
X
10
10
R R
$7
$10 $10
-
-----
2
per
Lot
2 2
per per
Lot Lot
45
45
X
X
X
o
o
R
R
o
o
----
X
x
10
10
R R
-----
$25 $25
---- --
1 1
per per
site site