1220
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ORDINANCE NO. 1220 (# 4 - 04)
AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE
9 18.76; PROMULGATING REGULATIONS AND RULES REGARDING THE USAGE
OF SIGNS WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES"
WHEREAS, City Council members appointed a committee to address the need
for an update of rules and regulations regarding signage within the City of Jacksonville,
Arkansas; and,
WHEREAS, after several work sessions, review, and public comment meetings,
the Sign Ordinance Committee recommends the following amendments, modifications,
deletions, and changes be implemented to the Jacksonville Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF JACKSONVILLE, ARKANSAS, THA T:
SECTION ONE: JMC 18.76 is hereby amended and modified to
include the following additions, changes, deletions, and modifications as outlined in this
Ordinance.
SECTION TWO:
JMC 18.76.010 (DEFINITIONS)
ABANDONED SIGN - A sign which no longer identifies or advertises a bona
fide business, lessor, service, owner, product, or activity.
ADVERTISING DEVICE - Any device, fixture, structure, or placard using
graphics, symbols, and/or written copy designated for the purpose of advertising or
identifying any establishment, goods, products, or service to be affixed, constructed,
erected, or maintained within the City limits.
ANIMATED SIGN - Any sign which' uses movement or change of light to depict
action or to create a special effect or scene.
AWNING.. A shelter projecting from and supported by the
exterior wall of a building constructed of non-rigid materials on a supporting framework.
BANNER - A sign made of lightweight fabric or any non-rigid
similar material(s) that is attached to a business at two (2) or more edges designed and
designated for such purposes of advertising a business, product, service, etc.
BILLBOARD - An on or off premise sign of large dimensions ~no
more than One Thousand square feet (1000 SF)] commonly placed and utilized
adjacent to commercial highway(s) for purposes of advertisement.
CHANGEABLE COPY SIGN - A sign upon which the copy changes,
manually or automatically, through manual, electronic and/or mechanical means.
CITY - The City of Jacksonville, Arkansas.
CLEARANCE (OF A SIGN) - The smallest vertical distance between
the grade of the adjacent street or curb and the lowest point of any sign, including
framework and embellishments, which extends over that grade,
CONSTRUCTION SIGN - A temporary sign placed upon a building/construction
site which identifies an architect, contractor, financial institution, and/or materials
supplier.
DIRECTIONAL SIGN - An on or off premise sign providing directional
instructions or information for a business, facility, location, monument, or other
destination. Said sign(s) shall be no larger than Six (6) square feet.
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Ordinance No. 1220 (# 4 - 04)
Page Two
ELECTRONIC MESSAGE BOARD - A LED changeable message
device/board utilized to advertise, inform, or notify the patrons, public, or others of
various events, information, products, or sales available on or off the premises.
FAc;ADE - The entire building front of a business, building, or
other structure, including the parapet.
FLAGS - A cloth, plastic, or other non-rigid material of a local,
state, or federal government's official patriotic symbol(s) commonly displayed on poles.
FLASHING SIGN - A sign, which contains an intermittent or sequential flashing
light source, used primarily as an attention-seeking device.
FREESTANDING SIGN - A sign constructed, erected, and supported
solely upon its own pole, stand, or support structure which is not attached to a building.
GARAGE SALE SIGN - A sign advertising the sale of used goods and
personal property at a private residence.
GOVERNMENT SIGN - Any temporary or permanent sign erected and
maintained for public purposes by the City, County, State, or Federal government.
HEIGHT (OF A SIGN) - The vertical distance measured from the
" ..
highest point of the sign, excluding decorative embellishments, to the grade of the
adjacent street or the surface grade beneath the sign, whichever is less.
IllUMINATED SIGN - A sign with an artificial light source
incorporated internally or externally.
INCIDENTAL SIGN - A sign, emblem, decal, or other device
informing the public of goods, facilities, or services available on the premises.
Examples include a sign indicating hours of operation, open/closed, and/or credit cards
accepted by the business.
INFORMATIONAL SIGN - An on or off premise sign which provides
facility information no larger than Six square feet (6 SF). These signs are commonly
used to display the name of the establishment or incidental information needed
regarding that establishment, such as entrance, location, parking, or other such
information needed of patrons, members of the public, and/or visitors.
MARQUEE - A permanent roof-like canopy of rigid materials
supported by and extending from the fagade of a building or structure used for
advertisement purposes.
NONCONFORMING SIGN - A sign which was erected legally but
which does not comply with subsequently enacted sign restrictions and regulations.
May also include a sign which does not conform to the terms and conditions set forth by
this Sign Code but for which the owner has obtained a waiver/variance for such from the
Board of Adjustment.
OFF-PREMISE SIGN - A sign structure advertising an establishment,
merchandise, service, or entertainment not furnished, manufactured, sold, or available
on the premises upon which the sign is located.
POLITICAL SIGN - A temporary sign used in connection with a local,
state, or national election or referendum.
PORTABLE SIGN - Any sign or device designed for advertisement
purposes moved easily from one location to another and which is not permanently
affixed to a building, enclosure, or a structure.
REAL ESTATE SIGN - A temporary sign advertising the real estate
upon which the sign is located as being for lease, rent, or sale.
RELIGIOUS SIGN - A sign sanctioned and utilized by a local
religious entity/organization sponsoring a special event or program in need of
advertisement.
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Ordinance No. 1220 (# 4 - 04)
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RESPONSIBLE PARTY(IES) - The person(s) designated as the owner,
tenant, and/or entity legally responsible for the property upon which a sign is erected,
located, or maintained.
SIGN - Any device, fixture, placard, or structure using
graphics, symbols, and/or written copy designed specifically for the purpose of
advertising or identifying any business, establishment, goods, product, or services.
SUBDIVISION SIGN - A freestanding or wall sign identifying a
recognized residential, commercial, or manufacturing complex, development, or
su bd ivision D
WINDOW SIGN - A sign installed inside a window and intended
for viewing from outside the building or structure.
YARD SIGN - A sign commonly displayed on a temporary
basis in a residential or commercial zone. These signs shall not exceed Twenty-four
inches by Twenty-four inches (24" x 24") in size.
SECTION THREE: JMC 18.76.020 (GENERAL PROVISIONS)
A.Scope and Prohibition. It shall be unlawful for any advertising
device/sign to be affixed, constructed, erected, and/or maintained unless done so in
compliance with all provisions, requirements, and terms of this Code.
B" Nuisance. No advertising device/sign shall constitute a hazard,
nuisance, or obstruction because of animation, content, flashing, focus, glare, light,
noise, placement, and/or unduly disturb the public and/or use of any adjoining property.
C. Obstruction. No advertising device/sign shall be affixed,
constructed, erected, and/or maintained so as to be an obstruction of vision near any
driveway, parking lot, and/or public roadway. There must be a clear line of vision
between three feet (3') and eight feet (8') above the existing grade.
D. Construction. No advertising device/sign shall be constructed,
erected, or installed without the prior approval of the City Engineer/Code Enforcement
Office. Plans of construction and/or erection are to include, but not be limited to, the
following information: dimensions and specifications of the device/sign and
surrounding structure, poles, and/or supporting device(s); location of the device/sign
upon the property; and, a list of all materials and appropriate specifications to be utilized
in the construction or erection of the device/sign.
E. Maintenance. All advertising device(s)/sign(s) shall be maintained
by the owner, lessee, or responsible party(ies) in a clean, sanitary, and proper state of
repair and condition. The advertising device/sign and any supporting equipment (I.e.,
poles, facings, landscape beds, etc.) shall be maintained in such a manner as to be
clean, sanitary, inoffensive to the public, free of any obnoxious substances, rubbish,
grasses, weeds, etc., and maintained so as to prevent decay, oxidation, corrosion,
and/or deterioration into an improper state of repair.
F. Public Areas. No advertising device/sign will be affixed, constructed,
erected, and/or maintained to any other free standing structure in the public right of way,
to a government sign, upon a public bench, building, or other structure, to public utility
poles, or to trees. Government signs will be the only devices/signs allowed on or about
public property.
G. Permits. No advertising device/sign shall be affixed,
constructed, erected, installed, or maintained until a permit to do so has been obtained
from the City Engineer/Code Enforcement Office of the City. For special event(s)
permits, no more than one (1) organization shall be issued a permit at or for the same
period of time.
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Ordinance No. 1220 (# 4 - 04)
Page Four
H. Areas of Siqns. The area of an advertising device/sign shall
have only one (1) face of any double or multi-faced sign counted in calculating its area.
The area of the device/sign shall be measured as follows if the device/sign is composed
of one (1) or two (2) individual cabinets:
(1) 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 upon such embellishments.
(2) If the device/sign is composed of more than two (2)
sign cabinets or modules, area enclosing the entire
perimeter of all cabinets and/or modules within a single,
continuous geometric figure shall be the area of the
device/sign. Pole covers and other embellishments shall not
be included in the area of measurement if they do not bear
advertising copy.
SECTION FOUR:
REQUIREMENTS).
JMC
&18.76.030
(CONFORMANCE
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 Office 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 responsible party
fails to do so, the City Engineer/Code Enforcement Office shall issue a second written
notice to the permittee granting an additional thirty (30) days in which to disassemble
and/or remove the abandoned device/sign. In the event the permittee fails to remove
said sign within the additional time frame, the City Engineer/Code Enforcement Office
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 Siqns. No animated advertising device/sign shall be
constructed, installed, operated, or maintained so as to constitute a public nuisance
and/or safety hazard. Lighting sources and materials utilized shall be of such a nature
to prevent glare into or upon traffic areas, shall be maintained so as to not unduly
disturb the use of any adjoining property(ies), and shall not cause an obstruction of
vision in any manner.
C. Banners. Only two (2) banners shall be allowed per
business/entity commercial location. Banners utilized by educational, non-profit, and/or
religious organizations within the scope of the terms of this Ordinance may be attached
to two (2) or more poles if placed away from a building.
D. Chanqeable COPy Siqns. All changeable copy signs, whether
automatic, 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
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Ordinance No. 1220 (# 4 - 04)
Page Five
such as brick, concrete, stone, wood, or other acceptable products utilized in the
construction of outdoor structures.
E. Construction Signs. Installation of construction signs shall comply
with all code provisions, including setbacks and appropriate zoning limitations. These
signs may not exceed Thirty-two square feet (32 SF), and a site shall be provided for
posting of all appropriate notices and permits. All such boards, signs, and postings
shall be removed from the property within five (5) days of the completion of the
construction project.
F. Directional Signs. There shall be a maximum of two (2) off-site
directional signs granted per business, and businesses located in a common shopping
center/property will be required to combine said signs when at all possible. Directional
signs shall only be allowed for businesses located upon local streets (defined as such
under the City's Master Street Plan) or along one way streets within the City. Any
placement of off-site directional signs on property not owned by the permittee will
require written proof of authority/permission of said real property owner upon which the
directional sign is to be placed.
G. Electronic Message Boards - Electronic message boards or centers
shall be allowed in all zones except residential. These boards shall be maintained and
operated in such a manner so as not to constitute a nuisance and/or safety hazard, and
the City Engineer/Code Enforcement Office shall take such factors as location, proximity
to residences and other businesses, wattage used in said device, and traffic safety
issues into consideration upon issuance of a permit for an electronic message board.
H. Flashina Sian - 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 the City
Engineer/Code Enforcement Office shall take such factors as location, proximity to
residences and other businesses, wattage used in said device, and traffic safety issues
into consideration upon issuance of a permit for a flashing device/sign.
I. Freestandina Sign - All freestanding devices/signs shall be
constructed and 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 which provides 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.
J. Garage Sale/Carport SalelYard Sale Signs - Such signs shall not
be required to obtain a permit from the City Engineer/Code Enforcement Office. Parties
are limited to the placement of such signs no more than three (3) days prior to a sale,
and no more than one (1) sign per intersection. All devices/signs will be removed by the
responsible party(ies) no later than one (1) day atter the sale. Placement of these signs
shall not be within the public rights of way, upon public signs, upon trees or public utility
poles, and/or erected more than once per calendar quarter. All such signs shall be no
larger than nine square feet (9 SF), and must be placed on one (1) or two (2) stakes in a
freestanding manner so as not to constitute a public nuisance.
K. Informational Sign - Any device/sign utilized for informational
purposes shall be limited to Six square feet (6 SF) in size, securely attached,
constructed, and/or maintained so as not to constitute a nuisance or public safety
hazard, and shall be incidental to the primary device/sign upon the premises.
Placement of these
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Ordinance No. 1220 (# 4 - 04)
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signs will not be allowed in public easement or public property areas unless they are
governmental devices/signs.
L. Pennants. Balloons. and Festoons - Any business, entity, or individual
utilizing pennants, balloons, and/or festoons placed about or upon their building or
property within the City shall maintain said pennants, balloons, and festoons in good
repair. If the pennants, balloons, and/or festoons fall into disrepair (torn, ripped,
damaged, etc.), they must be removed from the property and/or replaced.
M. Political Sian - All political signs placed in residential zones
will be no larger than Twenty-five by Twenty-five inches (25" x 25"). Political signs
placed in commercial and/or manufacturing zones will be no larger than Four by Four
feet (4' x 4') to a maximum of Sixteen square feet (16 SF). No political sign of any size
may be placed in public view more than sixty (60) days prior to the date of the election
and/or referendum issue at hand. All political signs are to be removed from public view
no later than seven (7) days after the date of the election and/or referendum issue at
hand, and there shall be no requirement for the City to issue permits for political signs.
N. Portable Sian - No portable signs will be allowed within the
City of Jacksonville. Any such sign must be fully enclosed, encased, or a frame
constructed in such a manner acceptable to the City Engineer/Code Enforcement Office
so as to make these signs no longer portable and/or temporary.
O. Real Estate Sian - All signs advertising the availability of particular
residential real property for sale or rent shall not exceed Twenty-five inches by Twenty-
five inches (25" x 25"). All signs advertising the availability of particular commercial
and/or manufacturing property for sale or rent shall not exceed Four feet by Eight feet
(4' x 8'). Placement of additional directional or informational signs may be allowed at
strategic points to assist the general public in locating the specific property in question.
However~ no such directional/informational/real estate signs shall be permanent in
nature and/or be allowed within public easements and/or rights of way. Further, there
is no requirement for the City to issue permits for real estate signs of this nature.
P. Reliaious/Charitable/Educational Sians - Any device or sign
promoting any religious, charitable, and/or educational institution or program shall not
exceed Six square feet (6 SF) in size for residential properties and Thirty-two square
feet (32 SF) in size for commercial and industrial properties.
Q. Reliqious/Charitable/Educational Special Events - Permits may be
obtained by local religious/charitable/educational institutions, organizations, or programs
sponsoring a special event to place yard signs in residential, commercial, and
manufacturing zones under the following conditions:
1 ) A church, institution, and/or group advertises no more
than two (2) special events per calendar year;
2) Only one (1) sign is placed per lot;
3) Display of signs occurs no earlier than three (3)
weeks prior to the event/program and are removed from
public view no later than one (1) week after the
event/program;
4) Display of said devices and signs shall be in
compliance with all other applicable provisions of this Code;
and,
5) No such signs shall be placed within public
easements, upon public rights of way, or affixed to any
public utility poles or public signs.
R. Shopping Center - A structure or facility housing Three (3) or more
businesses utilizing One (1) or more parcels of adjacent real property that share
common amenities (parking, driveways, easements,
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Ordinance No. 1220 (# 4 - 04)
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etc.). Excluded from that determination will be any business entity(ies) housed in an
outparcel building upon the shopping center grounds.
SECTION FIVE: JMC 918.76.040 (ZONING REQUIREMENTS).
a. Residential Zones R-O~ R-1 ~ R-2~ R-3~ R-4~ R-5~ R-6~ & R-7 -
1 ) No commercial or manufacturing business, product,
or entity shall place or allow to be placed devices/signs of its
business, product, or entity within a residential zone.
Placement of real estate signs, as defined in this Code, is
exempted from this prohibition.
2) Subdivision signs and Apartment Complex
Development signs are allowed within the appropriate zones
as long as the City Engineer or Code Enforcement Office
has approved plans submitted for the construction, design,
and placement of said sign. These signs shall not exceed
the maximum size of Thirty-two square feet (32 SF).
B. Commercial Zone C-1 (Quiet Business)-
1 ) Each business located within this zone shall be
allowed one (1) attached 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 Sixteen square feet (16 SF), the height of the sign
shall not exceed the height of the structure or Twenty feet
(20'), whichever is lower, and the front edge of the sign shall
not extend beyond the applicable set-back requirements.
2) An additional on-site free-standing sign of equal size
will be allowed provided it has either: 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, a minimum set
back of Ten feet (10') from the front property line to the
leading edge of the sign. In any circumstance, height of the
sign may not exceed the height of the structure or Twenty
feet (20'), 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.
C. Commercial Zone C-2 (Shoppina Center District) -
1 ) Each business located within this zone shall be
allowed one (1) attached 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 Two Hundred square feet (200 SF), the height of the
sign may 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
set-back requirements.
2) An additional on-site free-standing sign not to exceed
One Hundred square feet (100 SF) in size will be allowed
Ordinance No. 1220 (# 4 - 04)
Page Eight
provided the sign: a) is attached to a Shopping Center
sign which advertises the businesses located within or upon
the Shopping Center property; b) 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
set back of Ten feet (10') from the front property line to the
leading edge of the sign; and, C) 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 free-standing sign for each road
frontage area of the property.
D. Commercial Zone C-3 (Commercial District)-
. "
1 ) Each business located within this zone shall be
allowed one (1) attached 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 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
set-back requirements.
2) An additional on-site free-standing 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
set back 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
businesses located within or upon the Shopping Center
propertyo 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 lowero
3) Any corner lot in this zoning classification will be
allowed one (1) conforming freestanding sign for each road
frontage area of the property.
E. Commercial Zone C-4 (Hiahwav Commercial District) -
1 ) Each business located within this zone shall be
allowed one (1) attached 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 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
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Ordinance No. 1220 (# 4 - 04)
Page Nine
sign shall not extend beyond the applicable setback
requirements.
2) An additional on-site free-standing 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
set back 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
businesses 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 this zoning classification will be
allowed one (1) conforming freestanding sign for each road
frontage area of the property.
F. Manufacturina Zones M-1 and M-2 (Industrial District) -
" "
1 ) Each business located within this zone shall be
allowed one (1) attached 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 set-back requirements.
2) An additional on-site free-standing 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
set back 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.
4) Please see the attached Sign Ordinance
Specifications Chart for further information.
SECTION SIX: JMC & 18.76.050 (BILLBOARDS).
A. No billboard will be constructed, erected, and/or maintained within
the City unless: payment of One Hundred Dollars ($100.00) is received together with a
fully completed permit request; and, approval is obtained from a majority of the City's
Board of Adjustment after a duly held meeting addressing the permit request.
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Ordinance No. 1220 (# 4 - 04)
Page Ten
B. Any billboard constructed, erected, and/or maintained must comply with
the following provisions:
1 ) Zoning Reauirements - Billboards are allowed only
in and upon property currently zoned A-1, C-2, C-3, C-4, 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-O, R-1, R-2~ R-3, R-4, R-5, R-5, R-6, or
R-7o
2) Construction Specifications -
a) A sign face of One hundred square feet (100 SF) or
more will be supported by a maximum of Two (2) structural
steel or other durable metal columns/supports.
b) The face, columns, support, and foundation of the
billboard will be designed to withstand up to a Seventy miles
per hour (70 mph) wind acting against the full face of the
signa
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.
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 Arkansass
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 One
Thousand feet (1000 ') 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 Two Hundred Fifty feet (250') 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
Two (2) advertisements per face. Each billboard constructed
may have up to Two (2) faces.
SECTION SEVEN: JMC & 18.76.060 (NON-CONFORMANCE)
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 by the City
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;
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Ordinance NOB 1220 (# 4 - 04)
Page Eleven
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, the responsible party must repair
and/or remove the device/sign within Seven (7) days from the written notice of the City
Engineer.
SECTION EIGHT: JMC 9 18.76.070 (PERMITS AND PROCEDURES -
BOARD OF ADJUSTMENT)
A) Submission - Any responsible party requesting a permit for a
device/sign shall submit a set of plans and specifications, together with a fee of Thirty-
five Dollars ($35.00) per sign to the City Engineer/Code Enforcement Office. The plans
and specifications shall detail the device, its location, dimensions, materials,
specifications, and other pertinent information.
Upon review, the City Engineer/Code Enforcement Office shall approve or
disapprove the plans in writing within Ten (10) business days of the submission. If
disapproved, stated reasons shall be provided as to the nature of the deficiencies, and
the responsible party may re-submit a modified set of plans and specifications. If
disapproved, the responsible party may submit a request to the Board of Adjustment for
a waiver/variance if desired.
Once approved, a permit shall be issued for the device/sign and an inspection
schedule set for the construction/installation period. A record of such shall be provided
to the responsible party and maintained by the City.
B) Board of Adiustment - Should a variance/waiver be required
before a permit can be issued, the responsible party must submit a written request,
together with the appropriate fees and costs, to the Board of Adjustment through the
City Clerk's office. The matter shall then be placed on the next regularly scheduled
Board of Adjustment meeting. Upon duly published notice and posting of the property in
accordance with State law, the request for variance/waiver shall be heard and
addressed by the Board of Adjustment at the scheduled time and date. At that meeting,
the responsible party and/or a designated representative shall be present to present any
information or data in support of his/her/their request.
Further, the Board of Adjustment shall hear from the City Engineer/Code
Enforcement Office as to the reasons for disapproval of the permit by his/her/their office.
Upon obtaining all relevant information, the Board of Adjustment shall approve or
disapprove the waiver/variance request.
C) Conditions of Variance/Waivers - While the Board of Adjustment
reviews and makes a determination upon a request for variance/waiver, Board
members shall take into consideration all relevant factors affecting the decision. These
considerations should include, but are not limited to, the proposed location and its
proximity to adjoining property, dimensions and specifications of the sign and structural
support equipment, lighting factors, proximity to residential property, public nuisance
value, pedestrian and traffic safety issues, and, finally, aesthetics.
SECTION NINE: JMC & 18.76.080 (ENFORCEMENT AND
PENAL TIES) 0
A) Enforcement - The City Engineer/Code Enforcement
Office shall be responsible for the enforcement of the terms and conditions as outlined
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Page Twelve
herein. It is the desire of the City that a progressive form of discipline be used with
non-compliant responsible parties, providing them with verbal warnings of no-compliant
issues prior to written notice of the non-compliant matters. When either notification is
provided, the City shall set a definitive and reasonable time period in which the
responsible party should have the non-compliant condition eliminated. Non-compliant
matters of public safety will obviously require a quicker response time than those of
other non-compliant conditions.
Should the Responsible party not eliminate the non-compliant condition after
receipt of said verbal and written notices, it is the duty of the City Engineer/Code
Enforcement Office to issue a citation to the responsible party and present the matter
for adjudication of a violation of this Code by the Jacksonville District Court.
In the event that the City expends public monies to eliminate a non-compliant
condition upon a private property, it is the responsibility of the City Engineer/Code
Enforcement Office to submit an itemized statement for reimbursement of the costs to
do so to the responsible party. If the amount is not paid within Sixty (60) days from the
date of the first such statement, the City Engineer/Code Enforcement Office shall cause
to be filed a tax lien against the real property owned by the responsible party within
Pulaski County, Arkansas, for collection of said amounts with the party's taxes each
year.
S) Penalties - Should any individual, business, entity, or other
such designated responsible party be found by the Jacksonville District Court to be in
violation of the terms and conditions as outlined by this Code, the Court shall assess a
fine of no more than One Hundred Dollars ($100.00) per violation per day, together with
appropriate court costs. Each day a condition of non-compliance exists constitutes a
separate violation and is subject to prosecution.
For second or subsequent violations within the same calendar year, the Court
shall assess a fine of no more than Five Hundred Dollars ($500.00) per violation per
day, together with appropriate court costs. Again, each day a condition of non-
compliance exists constitutes a separate violation subject to prosecution.
SECTION TEN: All Ordinances, parts of Ordinances, or
previous actions taken by said City Council in conflict herewith are hereby repealed to
the extent of said conflict.
SECTION ELEVEN: Due to the content and nature of the terms of
this Ordinance, it shall be effective from and after its date of passage as subject to and
by its terms and applicable law.
APPROVED AND ADOPTED THIS \1t~ r\
DA Y OF MARCH, 2004.
CITY OF JACKSONVillE, ARKANSAS