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1454 ORDINANCE NO. 1454 (#16 - 12) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 18.76; DECLARING AN EMERGENCY;AND, FOR OTHER PURPOSES. WHEREAS, in review of recent modifications needed in various provisions of the City of Jacksonville's Sign Ordinance, the City Council of the City of Jacksonville deems it appropriate to update and modify additional provisions of JMC § 18.76. NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: SECTION ONE; Jacksonville Municipal Code § 18.76 is hereby amended and modified to include the additions,deletions, and modifications as included, outlined, and specified herein. SECTION TWO: JMC § 18.76.010 (Definitions) shall be amended and modified to include the following: DIGITAL SIGN: A sign displaying digital static images that can change messages or copy by programmable electronic processes. SECTION THREE: JMC § 18.76.030 (Requirements) shall be amended and modified to include the following: A. Abandoned Signs. It shall be the responsibility of any owner, lessee, and/or tenant to disassemble and remove any advertising device/sign upon the termination of the activity, business, event, issue, product, or sale being promoted by said device. In the event the Permittee/responsible party does not remove the device/sign in a timely manner, the City Engineer/Code Enforcement Officer shall notify in writing the Permittee of the device/sign of a Thirty (30) day time frame in which to disassemble and remove said advertising device. In the event the Permittee fails to remove said sign within the timeframe, the City Engineer/Code Enforcement Officer shall cite said party for violation of this Code and/or remove the non-compliant device/sign. If such occurs,the City shall assess costs and fees for doing so against the responsible party(ies) to be enforced through issuance of a tax lien(s) against any real property said Permittee may own within Pulaski County. B. Animated Signs. No animated advertising device/sign shall be constructed, installed, operated, or maintained so as to constitute a public nuisance, safety hazard, and shall have a sequence of no less than Three (3) seconds per image. Lighting sources and Ordinance No 1454(#16—12) Page Two materials utilized shall prevent glare into or upon traffic areas, shall be maintained so as to not unduly disturb the use of any adjoining property(ies)or roadway(s),and shall not cause a nuisance or obstruction of vision in any manner. C. Banners. Only One (1) banner shall be allowed per business/entity commercial location, and each banner can be utilized a maximum of Thirty (30) days up to Two (2) times per year. Banners utilized by educational, non-profit, and/or religious organizations within the terms of this Ordinance must be attached to Two(2)or more poles if placed away from a building. D. Changeable Copy Signs. All changeable copy signs, whether automatic, digital, manual, or electronic, shall be maintained so as not to constitute a public nuisance and/or safety hazard. They shall be constructed and installed so as to provide a pole mounting, anchoring, and/or framed construction providing a full surround of the face(s) of the advertising device/sign constructed in materials such as brick, concrete, stone, wood, or other acceptable products utilized in the construction of outdoor structures. G. Electronic/Digital Message Signs Electronic/Digital message signs shall be allowed in all zones except residential. These signs shall be maintained and operated in such a manner so as not to constitute a nuisance and/or safety hazard, and the Board of Adjustment shall take such factors as location, proximity to the residences and other businesses, wattage used in said device, dimming capabilities, and traffic safety issues into consideration upon issuance of a permit for an electronic message sign. H. Flashing Device/Sign. Flashing devices/signs shall be allowed in all zones except residential. These devices/signs shall be maintained and operated in such a manner so as not to constitute a nuisance and/or safety hazard, and shall have a sequence of no less than Three(3)seconds per image,and the Board of Adjustment shall take such factors as location, proximity to residences and other businesses, wattage used in said device, dimming capabilities, and traffic safety issues into consideration upon issuance of a permit for a flashing device/sign. P. Religious/Charitable/Educational Signs. Any device or sign promoting any religious, charitable, and/or educational institution or program shall not exceed Thirty- two Square Feet (32 SF) in size for any zoning classification. SECTION FOUR: JMC § 18.76.040 (Zoning Requirements) shall be amended and modified to include the following: Commercial Zones C-4 & C-5(Highway Commercial Districts) 1) Each business located within these zones shall be allowed One (1) on-site sign designating the business name, products sold, or services rendered at the location. Ordinance No. 1454(#16— 12) Page Three The area of the attached on-site sign shall not exceed Two Hundred Square Feet (200 SF) the height of the sign shall not exceed Ten Feet (10') above the height of the structure or Forty-five Feet(45'), whichever is lower, and the front edge of the sign shall not extend beyond the applicable setback requirements. 2) An additional on-site freestanding sign of equal size will be allowed provided it either: has a minimum clearance of Five Feet (5') from a point Three Feet (3') above the ground to the bottom of the sign at the leading edge of the sign located adjacent to the front property line; or, has a minimum setback of Ten Feet (10') from the front property line to the leading edge of the sign. However, if the business in question is located within a Shopping Center, any sign must be attached to a Shopping Center sign advertising the business located within or upon the Shopping Center property. In any circumstance, the height of the sign shall not exceed Ten feet (10') above the height of the structure or Forty-five feet (45'); whichever is lower. 3) Any corner lot in these zoning classifications will be allowed One (1) conforming freestanding sign for each road frontage area of the property. Manufacturing Zones M-1 and M-2 (Industrial District) 1) Each business located within these zones shall be allowed One (1) on-site sign designating the business name, products sold, or services rendered at the location. The area of the attached on-site sign shall not exceed Three Hundred Square Feet(300 SF),the height of the sign shall not exceed Ten Feet(10')above the height of the structure or Forty- five Feet (45'), whichever is lower, and the front edge of the sign shall not extend beyond the applicable setback requirements. 2) An additional on-site freestanding sign of equal size will be allowed provided it either: has a minimum clearance of Five Feet (5') from a point Three Feet (3') above the ground to the bottom of the sign at the leading edge of the sign located adjacent to the front of the property line; or, has a minimum setback of Ten Feet (10') from the front property line to the leading edge of the sign. In any circumstance, the height of the sign shall not exceed Ten Feet (10') above the height of the structure or Forty-five Feet (45'); whichever is lower. 3) Any corner lot in this zoning classification will be allowed One (1) conforming freestanding sign for each road frontage area of the property. Ordinance No 1454(#16—12) Page Four SECTION FIVE; JMC § 18.76.050 (Billboards) shall be amended and modified to include the following: B) Any billboard(s) constructed, erected, and/or maintained must comply with the following provisions. 1) Zoning Requirements — Billboards are allowed only in and upon property currently zoned A-1,C-3, C-4, C-5, M-1,and M-2, provided the sign structure is located greater than Three Hundred Feet(300')from property in any of the following zones: R-0, R-1, R-2, R-3, R-4, R-5, R-6, or R-7. 2) Construction Specifications a) No more than Two (2) sign face(s) of One Hundred Square Feet (100 SF) each or more will be supported by One (1) structural steel or other durable metal columns/support; b) The face(s),column, support,and foundation of the billboard will be signed to withstand up to a Seventy Miles per Hour(70 mph) wind acting against the full face of the sign; c) The front edge of a billboard will not be any closer to the front property line than the appropriate setback requirements for the zone in which a billboard is located. The side of the sign will not be any closer than Five Feet (5') from the side lot line; and, d) The structural integrity of the proposed billboard and supporting structure will be designed and certified by a professional engineer registered in the State of Arkansas. 3) Dimensions—The area of a billboard will not exceed a maximum of Eighteen Feet (18') vertically and Fifty-five Feet (55') horizontally. No billboard shall exceed Forty-five Feet(45') 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 the top of the column, whichever is higher. 4) Placement — No billboard will be placed within Two Thousand Feet (2,000') of another billboard, and there will be no more than Four(4) billboards per mile on the same side of the roadway. Further, no billboard will be located closer than Five Hundred Feet (500') of a perpendicular line to the right-of-way of another billboard on the opposite side of the roadway. 5) Limitations - No billboard shall display more than One (1) advertisement per face. Each billboard constructed may have up to Two (2) faces. Please see the Sign Ordinance Matrix Specification Chart for further information. Ordinance No. 1454(#16— 12) Page Five SECTION SIX: JMC§ 18.76.060 (Non-Conformance)shall be amended and modified to include the following: Any advertising device/sign 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 of written notification providing the specific deficiencies from the City Engineer/Code Enforcement Office. However, the following provisions do apply: A) Any non-conforming device/sign previously approved the Board of Adjustment or Planning Commission shall continue to remain in existence for as long as the device/sign is maintained in a suitable and proper condition; B) Any responsible party maintaining, possessing, and/or utilizing a non-conforming device/sign may file a written request for a variance or waiver with the Board of Adjustment for a determination upon the request. All applicable fees and costs will apply, and no enforcement action will be taken until such time as the Board of Adjustment has rendered a decision on the request; or, C) When any device/sign falls into a state of disrepair or is deemed structurally unsound/unsafe by the City Engineer/Code Enforcement Office,the responsible party must repair and/or remove the device/sign within Seven (7) days from written notice of City. SECTION SEVEN: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTION EIGHT: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. APPROVED AND ADOPTED THIS Y OF AUGUST, 2012. CITY OF ACKSP E, A� NSAS GARY F E 'ER, M OR ATTEST; A . . • %A A ' If‘ la I ■ SUSAN D ITT, CLERK RO; ,RTE. ,AMBURG, ' ITYA ORNE