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0838 /' f~;?j 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. ~fc 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. -2- &1 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. -3- 0P 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. -4- bY 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 -5- ~ 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. -6- , ('( (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; -7- 7~ 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 -8- 13? 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 ~~ 1987. CITY OF JACKSONVILLE, ARKANSAS ATTEST: ..-J BY: \ D~ TOMMY SWA~AY0R ~ ~ ~ ~.. {~ LULA M. LEONARD, ~TY CLERK APPROVED AS TO FORM: KEITH VAUGHAN, CITY ATTORNEY -9- ?~ ~L~~ --- ---- ---- 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